Fairclough v. 679 Magenta LLC

Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered June 5, 2002, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured in a fire in the apartment that she rented from defendant landlord. She contends that the proximate cause of her injuries was the absence of an operating smoke detector in the apartment. However, it was not the *620landlord’s duty to maintain or replace the smoke detector subsequent to the commencement of the apartment’s occupancy (Administrative Code of City of NY § 27-2045 [b]),…