Trial Needed to Determine Cause of Apartment Fire

Tenant sued landlord after she was injured in an apartment fire. Tenant claimed that her injuries were caused by an explosion and fire caused by a gas leak coming from the kitchen stove. Landlord asked the court to dismiss the case without a trial, after pretrial questioning. Landlord’s expert believed that the fire started in the bedroom. The expert found matches where the bed had been located, and landlord claimed that tenant had been smoking in bed. Tenant also had never complained about a gas leak, and the fire had caused significant damage to the bedroom but little damage to the kitchen. The court ruled against landlord because a trial was needed to determine the facts. Landlord’s expert was unsure whether the exact cause of the fire was careless smoking. Tenant claimed that she saw the fire start in the kitchen and had complained to the super about the smell of gas coming from the stove. Whether a gas leak from the kitchen stove could have fueled a fire in the bedroom ignited by a match was also an unanswered question.

Carrazana v. Stratford Five Realty, LLC: NYLJ, 1/21/10, p. 32, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ)