Trial Required on Compliance with Window Guard Law

April 1, 1994

LVT Number: 8661

Tenant sued landlord for negligence after suffering injuries in his apartment. The court found landlord responsible without a trial because it didn't install window guards in tenant's apartment. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord raised factual questions as to whether it was in compliance with the city window guard law. A trial was needed to determine whether landlord was, in fact, negligent.

Tenant sued landlord for negligence after suffering injuries in his apartment. The court found landlord responsible without a trial because it didn't install window guards in tenant's apartment. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord raised factual questions as to whether it was in compliance with the city window guard law. A trial was needed to determine whether landlord was, in fact, negligent.

Dutan v. Des Bel Realty Corp.: NYLJ, p. 32, col. 4 (3/25/94) (App. Div. 2 Dept.; Thompson, JP, Santucci, Friedmann, Florio, JJ)

Topics

More like this