NY fire death: Court lets family sue over failed smoke alarm and fire door

The New York Supreme Court, Appellate Division, First Department has allowed a wrongful-death suit to proceed against a Manhattan apartment building owner, raising questions about a faulty smoke alarm, a fire door that allegedly failed to close, and the actions of the building superintendent during an emergency. The family of a deceased woman has alleged that the property owner failed to properly maintain the smoke alarms in the building, the self-closing hinges on the door of apartment 4, and provide adequate fire safety training to the building superintendent.

The court found that conflicting testimony raised significant factual disputes, allowing the case to move forward for further review. Additionally, the court questioned the fire door's maintenance, with conflicting evidence about whether it failed to close due to obstructions or mechanical issues. The superintendent's actions during the fire, such as opening the front entrance and basement doors, will also be subject to judicial review.

The court has yet to determine if the woman's death was caused by the lack of fire safety training or poor maintenance.

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