Was Landlord Responsible for Injury at Tenant Barbecue?

Facts: Landlord's building super gave tenant permission to host a barbecue party for 150 people in a gated garden alcove behind the building. Tenant told the super that a hot-oil turkey fryer would be used. The super unlocked the alcove area for tenant to set up the cooking equipment, including the fryer, and set up the garden hose to give tenant running water. A party guest emptied hot cooking oil from the fryer into a storm drain while another person poured water from a garden hose on the grate of the drain. This created fire and a hot steam cloud and caused burn injuries to another guest and her infant daughter. The guest sued landlord for negligence. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord and the guest appealed, claiming that a trial was needed to determine whether landlord was liable.

Court: The guest wins. A trial was needed to determine whether it was reasonably foreseeable that the hot oil from the fryer would come into contact with water and cause injury. Since the super provided the running water near the area with many people where the fryer was operating, it could be found that an accident was foreseeable. Landlord could be responsible if it had the opportunity to control the guests and was reasonably aware of the need to intervene. The question was whether landlord's actions created or worsened a dangerous condition.

Broderick v. RY Management Co., Inc.: NYLJ, 12/31/09, p. 25, col. 3 (App. Div. 1 Dept.; Gonzalez, PJ [dissenting]; Mazzarelli, Sweeny, Renwick, Richter, J)