Carter v. Grenadier Realty

Summary

The defendants appealed from an order denying summary judgment in an action arising from injuries sustained by a child in an apartment fire allegedly involving the absence of a working smoke detector. The court held that the plaintiffs raised triable issues concerning whether the detector was operational, whether the defendants voluntarily undertook and failed to replace it, and whether that failure caused or aggravated the injuries. The order was affirmed.

Holdings

1. Summary judgment was properly denied because the plaintiff's affidavit raised a triable issue of fact as to whether the smoke detector was operational when installed.
2. The plaintiff raised a triable issue of fact as to whether defendants breached a duty by removing an allegedly inoperable smoke detector and promising to replace it but failing to do so before the fire.
3. Plaintiffs raised a triable issue of fact as to whether the absence of a working smoke detector proximately caused or increased the infant plaintiff's injuries, and Supreme Court properly considered the expert affidavit despite the unsigned jurat.

Questions Presented

1. Whether defendants were entitled to summary judgment based on evidence that a new working smoke detector had been installed before the plaintiffs moved into the apartment.
2. Whether the plaintiff raised a triable issue of fact concerning the operation of the smoke detector and defendants' alleged removal of it after voluntarily undertaking to replace it.
3. Whether plaintiffs raised a triable issue of fact as to proximate causation through expert evidence.
4. Whether Supreme Court properly considered an expert affidavit whose jurat was unsigned by the notary.

Disposition

affirmed