Expert Testified Building Didn't Need Sprinklers

January 1, 2006

LVT Number: 18560

Tenants sued landlord and ground floor commercial tenant for property damages after a fire occurred in the building. The court ruled against tenants after a jury trial. Tenants appealed and lost. Landlord's expert testified at the trial that the Building Code didn't require the building to have sprinklers. And, although it could have done so, the Fire Department never issued a sprinkler order requiring sprinklers at the building.

Tenants sued landlord and ground floor commercial tenant for property damages after a fire occurred in the building. The court ruled against tenants after a jury trial. Tenants appealed and lost. Landlord's expert testified at the trial that the Building Code didn't require the building to have sprinklers. And, although it could have done so, the Fire Department never issued a sprinkler order requiring sprinklers at the building. The trial court also properly precluded testimony from the fire marshal regarding the cause of the fire, since the marshal had no actual proof of how the fire started.

Zohar v. 1014 Sixth Ave. Realty Corp.: NYLJ, 12/5/05, p. 26, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Nardelli, Sweeny, McGuire, JJ)

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