Tuesday, April 17, 2007

This plaintiff's chilled.

An SRO's tenant had installed a window air-conditioner, apparently against the house rules, and, when the weather turned cold, wanted to take it out. When the hotel's staff said they were too busy to help, the tenant tried to remove the unit herself, but she dropped it out the window and it injured plaintiff. On these facts, is the hotel liable for plaintiff's injuries? No, according to the First Department, in Grimaldi v. Manhattan Arms Hotel, Inc., decided on April 12, 2007. Assuming, without deciding, (1) that the hotel had a duty to help the tenant, (2) that its duty ran to the pedestrian plaintiff, and (3) that it was foreseeable that the tenant, acting on her own, would drop the unit, the court found that the hotel could not have foreseen that the tenant would try to remove the air-conditioner on her own.