Landlord No Longer Controlled Building

May 31, 1999

LVT Number: 13262

Tenant sued landlord after her baby was severely burned by an exposed radiator steam pipe in her apartment. Landlord claimed it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Even if landlord had notice of the dangerous condition, it was no longer in control of the building because it had defaulted on its mortgage and a receiver had been appointed by a court to manage the building.

Tenant sued landlord after her baby was severely burned by an exposed radiator steam pipe in her apartment. Landlord claimed it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Even if landlord had notice of the dangerous condition, it was no longer in control of the building because it had defaulted on its mortgage and a receiver had been appointed by a court to manage the building. The receiver also had reasonable time to discover and repair the condition after being appointed, which was another reason why landlord couldn't be held liable.

Gomez v. Walton Realty Assocs.: 685 NYS2d 201 (2/9/99) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Nardelli, Rubin, JJ)

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