A building superintendent's decision to keep the entrance open during a fire allegedly allowed smoke to rise through a Manhattan apartment building's stairwell, where a woman was later found dead. Now, a New York appeals court has allowed her family's negligence lawsuit against the building owner to proceed, citing questions over the property's fire alarms, fire doors and emergency response.
The ruling, delivered on November 12, 2026, centres on a fatal fire at a building on West 136th Street in Manhattan. The woman's family has accused the owner, 512-514 Realty LLC, of failing to maintain fire safety equipment and properly train the superintendent.
Superintendent Opened Doors After Fire Broke Out
One of the key issues in the case is what the building superintendent did after the fire started. According to court records, he tied open the building's main entrance and opened all the basement doors.
The superintendent told the court that keeping the entrance open caused smoke to travel up the stairwell. The woman was later found in that stairwell.
Her family argued that the building owner had failed to train the superintendent to respond properly to a fire. The appeals court said the owner had not cleared up questions about whether this failure contributed to her death.
Family Says Smoke Alarm Never Worked, Fire Door Failed To Close
The family also alleged that the smoke alarm in their sixth-floor apartment had never worked. They said they heard no alarms or other audible warnings during the fire.
The building's superintendent and vice-president gave a different account, claiming that the smoke alarms were working and had sounded during and after the incident. The court said the conflicting statements raised questions that needed to be examined further.
The condition of the door to apartment 4, where the fire apparently started, was another concern. The family alleged that its self-closing mechanism was not properly maintained, allowing the door to remain open and the fire to spread.
The building owner argued that an object had blocked the door, preventing it from closing. However, the family presented evidence that the door had failed to close automatically even before the fire. Photographs taken after the incident also showed it open, with no obstruction in its path.
Court Allows Wrongful-Death Negligence Case To Continue
The Appellate Division, First Department, ruled that the conflicting evidence was sufficient for the family's main negligence claim to proceed. It did not hold the building owner responsible for the woman's death.
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However, the court dismissed a separate claim of negligent infliction of emotional distress. It said the family had not provided sufficient evidence to support it, noting that a relative had last seen the woman alive in their sixth-floor apartment and had not witnessed her being injured.
The decision modified an earlier ruling by the New York County Supreme Court dated March 5, 2026, while keeping the main negligence claim intact.
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