Window Fell on Tenant

February 1, 1997

LVT Number: 11212

Tenant sued landlord for negligence after a window fell on her. The trial court ruled for tenant, and landlord appealed, claiming it wasn't responsible for tenant's injury. The appeals court ruled against landlord. Landlord's independent contractor had repaired the window just a few minutes before it fell on tenant. Landlord was responsible for the contractor's actions, and it was reasonable to find that the contractor's work caused the window to fall out and injure tenant.

Tenant sued landlord for negligence after a window fell on her. The trial court ruled for tenant, and landlord appealed, claiming it wasn't responsible for tenant's injury. The appeals court ruled against landlord. Landlord's independent contractor had repaired the window just a few minutes before it fell on tenant. Landlord was responsible for the contractor's actions, and it was reasonable to find that the contractor's work caused the window to fall out and injure tenant.

Dowling v. 257 Assocs.: NYLJ, p. 26, col. 3 (1/23/97) (App. Div. 1 Dept.; Wallach, JP, Nardelli, Tom, Mazzarelli, Andrias, JJ)

Topics

More like this