Landlord Not Liable for Slip and Fall in Yard

January 1, 1997

LVT Number: 11136

Tenant's visitor sued landlord for negligence after he slipped and broke his leg in the building's backyard. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and dismissed the case. The visitor had left tenant's apartment to pick up a cat, which had jumped out the first-floor window. There had been construction in the yard. There was a mound of debris, including a portion of a wooden fence. Visitor claimed this area was covered by snow and ice. He fell there.

Tenant's visitor sued landlord for negligence after he slipped and broke his leg in the building's backyard. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and dismissed the case. The visitor had left tenant's apartment to pick up a cat, which had jumped out the first-floor window. There had been construction in the yard. There was a mound of debris, including a portion of a wooden fence. Visitor claimed this area was covered by snow and ice. He fell there. The court found that even though a section of the backyard fence was down, the condition was open and obvious. Visitor could have avoided injury by using reasonable caution.

Garcia v. NYCHA: NYLJ, p. 26, col. 3 (12/16/96) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Rubin, Williams, Andrias, JJ)

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