Tenant Killed in Apartment Fire

May 13, 2014

LVT Number: #25486

Tenants sued landlord NYCHA for negligence based on death and injuries caused by an apartment fire. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. Landlord failed to prove that it had installed a working smoke detector in the apartment as required by law. There also was a question of fact as to whether any failure to install the smoke detector was the cause of the death and injuries. A trial was needed to determine the facts. 

Tenants sued landlord NYCHA for negligence based on death and injuries caused by an apartment fire. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. Landlord failed to prove that it had installed a working smoke detector in the apartment as required by law. There also was a question of fact as to whether any failure to install the smoke detector was the cause of the death and injuries. A trial was needed to determine the facts. 

Taylor v. NYCHA: 983 NYS2d 583, 2014 NY Slip Op 02287 (App. Div. 2 Dept.; 4/2/14; Rivera, JP, Lott, Roman, Cohen, JJ)

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