Tenant Injured by Dislodged Bathroom Cabinet

July 31, 2011

LVT Number: #23526

Tenant sued landlord after a bathroom cabinet was dislodged from the wall and fell, breaking her foot. Landlord claimed that she wasn't responsible because the cabinet was installed by prior tenants. Landlord asked the court to dismiss the case without a trial. The court refused. Prior tenants moved out two months before tenant moved in. Landlord knew the cabinet was there, but didn't touch or inspect it. Whether landlord had notice or the opportunity to fix the loose cabinet before re-renting the apartment raised questions of fact that required a trial.

Tenant sued landlord after a bathroom cabinet was dislodged from the wall and fell, breaking her foot. Landlord claimed that she wasn't responsible because the cabinet was installed by prior tenants. Landlord asked the court to dismiss the case without a trial. The court refused. Prior tenants moved out two months before tenant moved in. Landlord knew the cabinet was there, but didn't touch or inspect it. Whether landlord had notice or the opportunity to fix the loose cabinet before re-renting the apartment raised questions of fact that required a trial.

Murphy v. Bartusiacivius: 2011 NY Slip Op 51424(U), 2011 WL 3274239 (Sup. Ct. Richmond; 7/27/11; Maltese, J)

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