Landlord Not Responsible for Tenant's Slip and Fall

July 17, 2014

LVT Number: #25643

Tenant sued landlord for negligence, after he slipped and fell down a flight of stairs in landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord proved it had no notice of the supposedly hazardous condition upon which tenant slipped. The building super testified that, under a schedule, he cleaned the stairwell twice a day, including the day that tenant was injured. Tenant failed to show that there were dangerous conditions that landlord routinely failed to repair. 

Tenant sued landlord for negligence, after he slipped and fell down a flight of stairs in landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord proved it had no notice of the supposedly hazardous condition upon which tenant slipped. The building super testified that, under a schedule, he cleaned the stairwell twice a day, including the day that tenant was injured. Tenant failed to show that there were dangerous conditions that landlord routinely failed to repair. 

Alamo v. NYCHA: NYLJ 6/12/14, p. 25, col. 4 (App. Div. 1 Dept.; Tom, JP, Friedman, Renwick, Gische, Clark, JJ)

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