Friday, September 2, 2011

Was Landlord responsible for injury at tenant barbecue?


#22378


Court: The guest wins. A trial was needed to determine whether it was reasonably foreseeable that the hot oil from the fryer would come into contact with water and cause injury. Since the super provided the running water near the area with many people where the fryer was operating, it could be found that an accident was foreseeable. Landlord could be responsible if it had the opportunity to control the guests and was reasonably aware of the need to intervene. The question was whether landlord's actions created or worsened a dangerous condition.* Broderick V. RY Management Co., Inc.: NYLJ, 12/31/09, p. 25, col. 3 (App. Div. 1 Dept; Gonzalez, PJ (dissenting); Mazzarelli, Sweeny, Renwick, Richter, J)

* Broderick V. RY Management Co., Inc.: NYLJ, 12/31/09, p. 25, col. 3 (App. Div. 1 Dept; Gonzalez, PJ (dissenting); Mazzarelli, Sweeny, Renwick, Richter, J)




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