WylieLaw Home About Ask WylieLaw Legal Advice Update Decisions & Press Contact Us En Espanol
Lawyers for the Rest of Us

As Reported In:

WylieLaw Client v. Woodlawn Heights Realty Corp.

Causes of Action

Negligence - Fire in Apartment Building - Lack of Smoke Detectors





United States District Court, Southern District of New York


Honorable George B. Daniels


A WylieLaw Client resided in an apartment owned by Woodlawn Heights Realty. One night, the client was asleep on his living room couch when a fire broke out in the kitchen and quickly spread throughout his apartment. Although some of the other tenants were able to escape, including two who jumped from a window, the WylieLaw Client was not awakened by the smoke and was rescued by the New York City Fire Department. The WylieLaw Client sued the building owner, claiming there were no fire detectors and no fire escape or second path of egress out of the apartment.


Hyper-reactive airways disease. The WylieLaw Client was not symptomatic when at rest, but contended that he became short of breath with minimal exertion. He claimed that he was unable to continue working as a construction laborer and painter or participate in soccer.


Plaintiff's Experts:
Gene West, fire expert, Great Neck, NY
Dr. Paolo de Stefano, pulmonary disease, Brooklyn, NY
Brian Pape, Ph.D., BCFE, BCFM, toxicologist, Massachussetts

Defendant's Experts:
Roger Iapicco, fire expert, Brock Township, NJ
Dr. Lawrence Scharer, pulmonary disease, New York, NY
Elkin Simson toxicologist, Mt. Kisco, NY


The matter settled for a total payout of $135,000.