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Perry v. Millio

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 358 (N.Y. App. Div. 1997)

Opinion

December 8, 1997

Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).


Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.

After starting to fry some chicken in the kitchen of her apartment, the plaintiff went into her living room and fell asleep. When she awoke a while later, she smelled smoke. Rushing to the kitchen, the plaintiff snatched the smoking skillet off of the stove, splattering herself with hot oil. Thereafter, the plaintiff sued her landlords, alleging that they were responsible for her injuries because they had failed to maintain her smoke alarm in proper working order.

The defendants' motion for summary judgment should have been granted. A landlord is not liable for his tenant's injuries where, as here, there is no causal connection between his purported negligence and the plaintiff's accident (see, e.g, Martinez v. Lazaroff, 48 N.Y.2d 819; Laureano v. Louzoun, 165 A.D.2d 866; Gonzalez v. Pius, 138 A.D.2d 453; see also, Kleckley v. Trump Mgt., 237 A.D.2d 411).

Altman, J. P., Friedmann, Krausman and McGinity, JJ., concur.


Summaries of

Perry v. Millio

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 358 (N.Y. App. Div. 1997)
Case details for

Perry v. Millio

Case Details

Full title:SHARON PERRY, Respondent, v. ANTONIO MILLIO et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 1997

Citations

245 A.D.2d 358 (N.Y. App. Div. 1997)
667 N.Y.S.2d 387

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Dorman v. 19-20 Indus. City Assoc., Inc.

As another example, a landlord was not liable for injuries on the ground that he failed to maintain…