Landlord Had Notice of Defective Steps

Tenant sued landlord for negligence, after tenant fell on a marble step while walking down a staircase in the building. Tenant claimed that the stair moved from its base when she stepped on it. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it got no notice of any defective condition in the staircase. The court ruled against landlord. Landlord appealed and lost. Landlord's witness had no personal knowledge of the condition, and landlord offered no evidence from its employees who were regularly at the property and dealt with tenant complaints. However, tenant testified that she had complained to the building super that the steps were uneven and had broken chips, and that the steps in the vicinity of the accident had been patched and grouted. The steps also were the subject of HPD violations.

Moore v. 793-797 Garden Street Housing Development Corporation: NYLJ, 12/24/07, p. 25, col. 3 (App. Div. 1 Dept.; Lippman, PJ, Andrias, Nardelli, Gonzalez, Kavanagh, JJ)