Landlord Didn't Escort Exterminator into Apartment

Tenants sued landlord in Westchester County small claims court, claiming that property was stolen from their apartment when landlord sent an exterminator to clear bedbugs in tenants' apartment. The exterminator treated some items in the apartment but removed others for off-premises treatment. Tenants claimed that the exterminator's employee took an earpiece and a jewelry box. The court ruled for tenants and awarded them $1,350 out of the $2,500 they sought. Landlord appealed and lost. Although the exterminator was an independent contractor, tenants' lease required landlord to escort any outside contractors that it brought into the apartment. Tenants claimed that landlord failed to do this, and landlord didn't refute that claim. So the court properly held landlord responsible for tenants' damages.

Collins v. Mount Kisco Housing Authority: Index No. 2015-375WC, NYLJ 1202784005339 (App. T. 2 Dept.; 3/24/17; Brands, JP, Marano, Tolbert, JJ)