De Los Santos v 512-514 Realty LLC

Holding The court affirmed the denial of summary judgment on the negligence claims due to triable issues of fact regarding smoke alarms, door maintenance, and superintendent training. However, the court granted summary judgment dismissing the cause of action for negligent infliction of emotional distress because the plaintiff failed to witness the decedent’s injury.

The court’s words

the smoke alarm in their apartment never worked and that there were no smoke alarms or other audible devices ringing during the fire

2026 NY Slip Op 06570, at the official text

the door failed to close because it was impeded by an object, not because the hinges failed

2026 NY Slip Op 06570, at the official text

tying the front door open caused the smoke to go up into the stairwell, where the decedent was later found

2026 NY Slip Op 06570, at the official text

the last time he saw the decedent was when they were together in their apartment on the 6th floor

2026 NY Slip Op 06570, at the official text