Was Landlord Responsible for Tenant's Injury from Falling Light Fixture?

Tenant sued landlord and landlord's plumbing contractor, claiming that he was injured when a ceiling light fixture in his bathroom fell onto him due to negligent installation of the toilet in the apartment above his three months earlier. Tenant said he had complained previously to landlord about leaks and that the light fixture fell after becoming waterlogged from the leaking toilet upstairs. The contractor asked the court to dismiss the case without a trial.

The court ruled against the contractor. Both landlord and tenant had raised issues of fact that required a trial. Among other things, tenant's expert had testified pre-trial that the only plausible explanation for the leak was an improperly installed toilet. The court also denied the contractor's request to dismiss landlord's third-party claim against it, since the contractor may be required to indemnify landlord.

Ebalo v. Trustees of Columbia University: Index No. 162193/14, 2020 NY Slip Op 32188(U)(Sup. Ct. NY; 6/18/20; Bannon, J)