Trial Required on Cause of Fire

June 30, 2001

LVT Number: 15072

Tenant sued landlord for negligence after a fire occurred in his apartment. Landlord asked the court to dismiss the case without a trial. Landlord's expert witness had stated that, in his opinion, the fire was caused by a frayed extension cord that tenant ran from the apartment's living room under a carpet into the bedroom. The court ruled against landlord. Tenant had complained about inadequate electric service. And tenant's use of the extension cord could well have been made necessary by landlord's failure to provide proper electric service.

Tenant sued landlord for negligence after a fire occurred in his apartment. Landlord asked the court to dismiss the case without a trial. Landlord's expert witness had stated that, in his opinion, the fire was caused by a frayed extension cord that tenant ran from the apartment's living room under a carpet into the bedroom. The court ruled against landlord. Tenant had complained about inadequate electric service. And tenant's use of the extension cord could well have been made necessary by landlord's failure to provide proper electric service. So there were questions of fact that required a trial.

Williams v. Mount Sinai Hospital: NYLJ, 6/27/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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