Practice point: Defendant established entitlement to judgment as a matter of law in this wrongful death action arising from a fire that occurred in an apartment occupied by plaintiff's decedent, and owned and maintained by defendant. Defendant submitted evidence establishing that there was an operable smoke detector in decedent's apartment three months prior to the fire, and that it had not received any complaints about the smoke detector. In opposition, plaintiff failed to raise a fact question as to whether the smoke detector was inoperable at the time of the fire, or whether defendant had actual or constructive notice that the detector was inoperable.
Case: Keene v. New York City Housing Authority, NY Slip Op 07536 (1st Dep't October 26, 2017)
Here is the decision.
