Tenant's Girlfriend Injured When Kitchen Cabinet Fell from Wall

Tenant's girlfriend sued landlord for negligence after a kitchen cabinet in tenant's apartment fell off the wall and she was injured. Landlord asked the court to dismiss the case without trial after pre-trial questioning was conducted. The court found that issues of fact remained as to whether landlord was responsible. The fact that landlord may not have had notice of any defect with the kitchen cabinet didn't mean it wasn't responsible for negligent installation in 2015 by an independent contractor during renovation of the apartment. Tenant and the girlfriend had been putting away dishes from the dishwasher and when the girlfriend placed a dish on the second shelf of the cabinet, it fell off the wall, she caught it in her hands and the contents fell out, cutting her. A trial was needed to determine if landlord was liable.

McGrath v. Page Management Co., Inc.: Index No. 154355/2021, 2024 NY Slip Op 33359(U)(Sup. Ct. NY; 9/24/24; Kim, J)