Tenant Claims Injury from Falling Plaster

June 30, 1995

LVT Number: 9814

Tenant sued landlord, claiming his neck was injured when plaster fell from the ceiling of his apartment. The trial court ruled against tenant and dismissed the case. Tenant appealed. The appeals court ruled against tenant. The jury's decision was properly based on the proof presented at the trial. Landlord showed that the injury most likely wasn't caused by any falling plaster. Tenant got a fair trial because the doctor who treated tenant testified in court.

Tenant sued landlord, claiming his neck was injured when plaster fell from the ceiling of his apartment. The trial court ruled against tenant and dismissed the case. Tenant appealed. The appeals court ruled against tenant. The jury's decision was properly based on the proof presented at the trial. Landlord showed that the injury most likely wasn't caused by any falling plaster. Tenant got a fair trial because the doctor who treated tenant testified in court. And, it was proper to present hospital records showing that tenant was using drugs and alcohol, as it came up when tenant required surgery for his injuries and needed anesthesia.

Tirado v. 2188 Realty Ltd.: NYLJ, p. 26, col. 5 (6/5/95) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Ross, Williams, Tom, JJ)

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