Window Guards Not Required in Two-Family House

Tenants sued landlord for negligence after their child was injured falling from a second-story window. They claimed that window guards were required and that landlord had promised to install them. Landlord asked the court to dismiss the case without a trial, claiming that he didn't have to install window guards in tenants' apartment. The court ruled against landlord. Landlord appealed and won. The building was a two-family house. By law, landlords are required to install window guards only in buildings with three or more apartments when a child aged 10 or younger lives in an apartment or when tenant otherwise requests window guards. And landlord's oral promise to install the window guards didn't create a legal responsibility to do so.

Moore v. Bender: NYLJ, 2/26/01, p. 31, col. 2 (App. Div.2 Dept.; Bracken, PJ, Goldstein, Miller, Feuerstein, JJ)