Landlord Not Liable for Fall in Front of Building

April 1, 1999

LVT Number: 13113

Tenant sued landlord for negligence after tenant slipped and fell over a hole in the sidewalk in front of his building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Generally, a landlord isn't responsible for injuries caused by a defect in a public sidewalk, unless the sidewalk was built in a special manner for the building owner's use, or the landlord created the condition or negligently repaired the sidewalk.

Tenant sued landlord for negligence after tenant slipped and fell over a hole in the sidewalk in front of his building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Generally, a landlord isn't responsible for injuries caused by a defect in a public sidewalk, unless the sidewalk was built in a special manner for the building owner's use, or the landlord created the condition or negligently repaired the sidewalk. Landlord's building manager and superintendent both had submitted sworn statements that landlord hadn't repaired the sidewalk or made any special use of it before the accident. Tenant didn't offer any proof to the contrary.

Coleman v. Andolpho Realty Corp.: NYLJ, p. 29, col. 4 (3/1/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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