De Los Santos v. Amsterdam Apartments Manager, LLC

Defendants established prima facie that they were not responsible for the injuries plaintiff suffered in a fire that started in a mattress that had been discarded in the second-floor hallway of the building. A fire investigation determined that the mattress was deliberately set afire with an incendiary. Deposition testimony established that the mattress presented no inherently dangerous fire hazard and that no smoking material had been negligently discarded in the hallway (see e.g. Delgado v New York City Hous. Auth., 51 AD3d 570 [2008], lv denied 11 NY3d 706 [2008]).

In opposition, plaintiff…