New York City real estate is often a Darwinian landscape with cramped living spaces and high prices.  Despite this, if you are not prepared to deal with the conditions, a hundred other people will gladly stand in line to do so.  However, disputes often arise between a tenant and landlord/management for injuries allegedly sustained within the premises due to appliances, stairways, and/or maintenance.

In the matter of Sandra Kaplan v. Tai Properties, LLC, et al, a tenant plaintiff sustained a burn to her head when she used a match to try to light a burner on the top of her gas stove because the stove’s igniter did not work.  The Supreme court’s denial  the defendants’ motion for summary judgment was unanimously reversed by the First Department Appellate Division.

The plaintiff herself had bought the stove and had it installed.  The lease between the parties required the landlord to repair and maintain any appliance provided by the landlord, but imposed no specific duty to repair or maintain appliances supplied by the tenant.  The Court found that since no duty to repair the appliance was imposed by statute, by regulation or by contract, the defendants were not liable.  Plaintiff’s allegation that the accident was related to a condition created by defendants in the course of a gas pipe replacement project in the building was unsupported by the evidence.  Defendants demonstrated that the project was performed by a licensed contractor, pursuant to permits, and was inspected and certified as safe when it was completed which was two year before the accident.  The property manager also testified that the project did not involve any work on plaintiff’s stove, except to make sure that there was gas service with no leaks.

This case demonstrates that merely because an injury was sustained within the premises is not enough to create fault.  Further, management companies and landlords that follow proper procedures and document the same, can significantly increase their chances of dismissal in an instance when the alleged occurrence was not their creation and fault.   Thanks to Justin Pomerantz for his contribution to this post.  Please email Brian Gibbons with any questions.