Landlord Not Responsible for Police Officer's Injuries

LVT Number: #26733

A police officer, who was injured falling down an apartment building’s steps while pursuing a suspect, sued landlord. He claimed that the condition of the steps was unsafe and that landlord knew or should have known of their condition. Landlord claimed that it wasn’t responsible for the officer’s injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. The police officer appealed and lost.

A police officer, who was injured falling down an apartment building’s steps while pursuing a suspect, sued landlord. He claimed that the condition of the steps was unsafe and that landlord knew or should have known of their condition. Landlord claimed that it wasn’t responsible for the officer’s injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. The police officer appealed and lost. Landlord was aware that the marble tread on the fifth step was worn, but there was no crack or caving in of the step on the morning of the accident and no defective condition. 

 

 

 

Johnson v. Wythe Place, LLC: 2015 NY Slip Op 09373, 2015 WL 9281272 (App. Div. 1 Dept.; 12/22/15; Mazzarelli, JP, Richter, Manzanet-Daniels, Kapnick, JJ)