Fourth Department — Premise Liability: Starr v. Holes

By: Daily Record Staff//November 9, 2011

By: Daily Record Staff//November 9, 2011//

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Appellate Division, Fourth Department

Premise Liability

Landlord’s Duty to Repair

Starr v. Holes
CA 11-00644
Appealed from Supreme Court, Cattaraugus County

Background: The plaintiff brought this action on behalf of his daughter for injuries she sustained when she fell into a basin of scalding hot water. The basin had been placed on a grate covering a floor furnace in an apartment leased to the defendants. The court had granted summary judgment for the defendant landlord.

Ruling: The appellate division reversed, finding that the landlord is liable for failing to repair a dangerous condition, of which he has notice, on leased premises if the landlord had assumed the duty to make repairs. The defendant had failed to establish the he had lacked control of the premises and thus there was a genuine issue of fact as to whether he had notice of the allegedly dangerous condition.

Amanda L. Lowe of Hogan Willig for the plaintiff-appellant; Janine C. Fodor of Wagner & Hart LLP for the defendant-respondent

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