A man who was injured when a mattress was set on fire in an apartment building may proceed with his lawsuit against the building’s owners, a unanimous Appellate Division, First Department, panel ruled in upholding a lower court.

The plaintiff, Fausta Javier Feliz, filed a complaint against Daka Holdings after he was hurt by a flaming mattress in 2008 in the Bronx building where he lived. Another tenant left the mattress behind earlier that day.