Tenant's Guest Injured When Ceiling Collapsed

August 31, 1997

LVT Number: 11810

Tenant's guest sued landlord for negligence when the ceiling of the first-floor apartment collapsed and she was injured. The court ruled against guest, finding that landlord didn't have notice of any dangerous condition and didn't have exclusive control of the ceiling. Guest appealed. The appeals court again ruled against her. Nothing indicated that landlord was or should have been aware of a defect or a dangerous condition in the drop ceiling installed a few years earlier, and there was no proof of how long the supposed defect had existed.

Tenant's guest sued landlord for negligence when the ceiling of the first-floor apartment collapsed and she was injured. The court ruled against guest, finding that landlord didn't have notice of any dangerous condition and didn't have exclusive control of the ceiling. Guest appealed. The appeals court again ruled against her. Nothing indicated that landlord was or should have been aware of a defect or a dangerous condition in the drop ceiling installed a few years earlier, and there was no proof of how long the supposed defect had existed.

Pulley v. McNeal: 658 NYS2d 732 (6/19/97) (App. Div. 3d Dept.; Mikoll, JP, Mercure, Crew, Yesawich, Peters, JJ)

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