Was Landlord Responsible for Tenant’s Injury from Exposed Radiator?

July 26, 2016

LVT Number: #27123

Tenant sued landlord after he was injured by contact with an exposed radiator in his apartment. The court denied landlord’s request to dismiss the case without a trial. Landlord appealed and lost. There was a genuine issue of fact that required a trial as to whether landlord caused the radiator to become and remain in a defective, broken, and overheated condition, causing injury to tenant.

 

 

 

 

Tenant sued landlord after he was injured by contact with an exposed radiator in his apartment. The court denied landlord’s request to dismiss the case without a trial. Landlord appealed and lost. There was a genuine issue of fact that required a trial as to whether landlord caused the radiator to become and remain in a defective, broken, and overheated condition, causing injury to tenant.

 

 

 

 

 

Gowen v. Gabrielle Realty Holdings, LLC: 2016 NY Slip Op 04695, 2016 WL 3265720 (App. Div. 2 Dept.; 6/15/16; Rivera, JP, Roman, Maltese, Duffy, JJ)

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