Tenants Claim Fire Caused by Landlord's Negligence

April 30, 2003

LVT Number: 16509

Tenants sued landlord for negligence after a fire left their building uninhabitable. Landlord asked the court to dismiss the case without a trial, claiming it wasn't responsible for the fire. The court ruled against landlord. Landlord appealed and lost. Tenants raised a question concerning whether landlord was negligent in the repair and maintenance of the building and negligent in securing the building after the fire. The Fire Marshal report stated that the fire was probably caused by heat from electrical wiring.

Tenants sued landlord for negligence after a fire left their building uninhabitable. Landlord asked the court to dismiss the case without a trial, claiming it wasn't responsible for the fire. The court ruled against landlord. Landlord appealed and lost. Tenants raised a question concerning whether landlord was negligent in the repair and maintenance of the building and negligent in securing the building after the fire. The Fire Marshal report stated that the fire was probably caused by heat from electrical wiring. Tenants' fire-loss expert believed the fire was caused by the overheating of defective electrical wiring in a ceiling. A trial was needed to determine the facts.

Marsden v. EMLT Realty Corp.: NYLJ, 4/21/03, p. 18, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Friedman, Marlow, Gonzalez, JJ)

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