Landlord Had No Notice of Icy Condition

LVT Number: 14281

Tenant sued landlord for negligence after she fell on ice in front of the building during a freezing rainstorm. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. It was still raining when tenant's accident happened, and the ice was very thin and not visible. So landlord didn't have notice of the icy condition or time to correct it.

Tenant sued landlord for negligence after she fell on ice in front of the building during a freezing rainstorm. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. It was still raining when tenant's accident happened, and the ice was very thin and not visible. So landlord didn't have notice of the icy condition or time to correct it.

Smithson v. NYCHA: NYLJ, 7/20/00, p. 22, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)