SANTOS v. AMSTERDAM APARTMENTS MANAGER, LLC

4384, 15971/06.

82 A.D.3d 408 (2011)

918 N.Y.S.2d 69

AMBROSIA De LOS SANTOS, Appellant, v. AMSTERDAM APARTMENTS MANAGER, LLC, Also Known as AMSTERDAM APARTMENTS, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided March 1, 2011.


Defendants established prima facie that they were not responsible for the injuries plaintiff suffered in a fire that started in a mattress that had been discarded in the second-floor hallway of the building. A fire investigation determined that the mattress was deliberately set afire with an incendiary. Deposition testimony established that the mattress presented no inherently dangerous fire hazard and that no smoking material had been negligently discarded in the hallway...

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