Receiver Liable for Ceiling Collapse

December 1, 1993

LVT Number: 8362

Tenants sued landlord for negligence. Their child was injured when their living room ceiling collapsed. The building was in receivership when the accident occurred. The court ruled for tenants, and found both the building owner and landlord receiver liable. Landlord argued that, as receiver of the building, it was liable only up to $13,000, which was the amount of funds left in receivership to run the building. The court found that landlord was responsible for 65 percent of the $100,000 verdict for tenants.

Tenants sued landlord for negligence. Their child was injured when their living room ceiling collapsed. The building was in receivership when the accident occurred. The court ruled for tenants, and found both the building owner and landlord receiver liable. Landlord argued that, as receiver of the building, it was liable only up to $13,000, which was the amount of funds left in receivership to run the building. The court found that landlord was responsible for 65 percent of the $100,000 verdict for tenants. Landlord receiver operated the building and was on notice about a hole in tenants' living room ceiling.

Johnson v. City of N.Y.: NYLJ, p. 24, col. 2 (11/10/93) (Sup. Ct. NY; Ryp, J)

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