JAMES DALY, plf-res, v. 9 EAST 36TH LLC, def-ap

4372. JAMES DALY, plf-res, v. 9 EAST 36TH LLC, def-ap — Leahey & Johnson, P.C., New York (Joanne Filiberti of counsel), for ap — Ephrem J. Wertenteil, New York, for res — Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about September 13, 2016, which denied defendant's motion for summary judgment dismissing the complaint, affirmed, without costs.

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4372. JAMES DALY, plf-res, v. 9 EAST 36TH LLC, def-ap — Leahey & Johnson, P.C., New York (Joanne Filiberti of counsel), for ap — Ephrem J. Wertenteil, New York, for res — Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about September 13, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.

Defendant is the owner of a building located at 9 East 36th Street. On June 19, 2013, plaintiff, a tenant in the building, sustained personal injuries from a fire in his rent-stabilized studio apartment. The fire was described in the Fire Incident Report of the fire department’s Bureau of Fire Investigation as originating “in [an] area of electrical wiring”; the report also noted the presence of “multiple extension cords plugged in to one outlet with [a] power strip.”The apartment building was built in the 1930s. Plaintiff’s apartment, which he shared with his wife, had three electrical outlets in the main living space, with additional ones in the hall, the bathroom, and the kitchen, and there is no evidence that any interior electrical upgrade had ever been done. Before the fire, on several occasions, plaintiff had requested of defendant, through the building superintendent, that more outlets be installed, and he had shown the superintendent that the existing receptacles were in disrepair. Plaintiff wanted to alleviate the insufficient number and placement of outlets, which required him to use extension cords for many of his appliances. He had told the superintendent that he “didn’t feel comfortable with using the extension cords,” and did not use them for long periods of time because they would get hot. Plaintiff also complained that once or twice a week the fuses in the apartment would blow and shut down the electric current in his apartment; until the building’s circuitry was upgraded in the basement, the blown fuses in his apartment sometimes shut down the current in the whole building.

JAMES DALY, plf-res, v. 9 EAST 36TH LLC, def-ap

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