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FAIRCLOUGH v. 679 MAGENTA LLC

309 A.D.2d 619 (2003)

765 N.Y.S.2d 623

PEGGY FAIRCLOUGH, Appellant, v. 679 MAGENTA LLC, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 21, 2003.

Plaintiff was injured in a fire in the apartment that she rented from defendant landlord. She contends that the proximate cause of her injuries was the absence of an operating smoke detector in the apartment. However, it was not the landlord's duty to maintain or replace the smoke detector subsequent to the commencement of the apartment's occupancy (Administrative Code of City of NY § 27-2045 [b]), and plaintiff has offered...

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