Aurelio Carrazana sued his landlord, Stratford Five Realty, after he was injured in a fire.
Carrazana claimed he had complained of a kitchen-stove gas leak to the building's superintendent (who failed to address the problem).
Although Stratford showed that Carrazana was a smoker, never complained of a gas problem, that the fire caused more damage to the bedroom than the kitchen, and, that matches were found among the debris in the bedroom, the Bronx County Supreme Court denied the owner's dismissal request.
On appeal, the Appellate Division, First Department, didn't think Stratford's evidence trumped that of Carrazana's -- particularly since the company's expert couldn't rule out the possibility that a kitchen gas leak had caused the bedroom fire.
Did someone run out of gas?
To view a copy of the Appellate Division's decision, please use this link: Carrazana v. Stratford Five Realty, LLC