Kessler v. Ansonia

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: PER CURIAM.
• Citation: Kessler v. Ansonia, 253 N.Y. 453 (N.Y. 1930)
• Decision Date: 06 May 1930
• Parties: HATTIE V. KESSLER, Respondent, v. THE ANSONIA, Appellant.

253 N.Y. 453

171 N.E. 704

KESSLER

v.THE ANSONIA.

Court of Appeals of New York.

May 6, 1930.

Action by Hattie V. Kessler against The Ansonia, a domestic corporation. From a judgment of the Appellate Division (227 App. Div. 290, 237 N. Y. S. 537) affirming a judgment of the Trial Term on a verdict directed by the court in favor of plaintiff, defendant appeals.

Affirmed.Appeal from Supreme Court, Appellate Division, First department.

Robert J. Sykes, Paul Bonynge, and Daniel A. Dorsey, all of New York City, for appellant.

Emanual Sustick, of Brooklyn, for respondent.

PER CURIAM.

The plaintiff, under a written lease, occupied an apartment in a building owned by the defendant. In a living room of the apartment she had stored valuable furniture, paintings, and rugs. The room was isolated from the remainder of the apartment by doors which were at all times closed. On a certain morning a pipe, supplying steam to a radiator in the living room, burst, with the result that steam, escaping in great volume, did serious damage to the personal property stored. In the absence of any explanation, it was the reasonable inference, arising from the explosion, without further proof, that the steam pipe was defective, and therefore that the defendant was negligent. A repairman, sent to the apartment by the management, reported to the plaintiffthat he could do nothing ‘as the pipes are old and rusty.’ Nothing was done, although the defendant had been given timely warning and knew of the defective piping. Therefore the clause of the lease exempting the defendant from liability for damage caused by the leakage of steam did not apply. That clause means simply ‘that the landlord is not to be liable for damages caused by wear and tear, or inherent...