Landlord's Employee Repaired Sidewalk

January 1, 1995

LVT Number: 9357

A woman sued landlord New York City for negligence after she tripped and fell on the sidewalk in front of the building. Landlord asked the court to dismiss the case, and the court refused. Landlord appealed, and the appeals court also refused to dismiss the case. The building super had testified that building employees regularly repaired any cracks or holes in the sidewalk, and that they'd applied only a superficial cement patch to the area where the woman tripped and fell.

A woman sued landlord New York City for negligence after she tripped and fell on the sidewalk in front of the building. Landlord asked the court to dismiss the case, and the court refused. Landlord appealed, and the appeals court also refused to dismiss the case. The building super had testified that building employees regularly repaired any cracks or holes in the sidewalk, and that they'd applied only a superficial cement patch to the area where the woman tripped and fell. So, it's possible that landlord was negligent in not properly repairing the sidewalk, causing the woman's injuries.

Zetlin v. City of New York: NYLJ, p. 26, col. 2 (12/5/94) (App. Div. 1 Dept.; Murphy, JP, Rosenberger, Ross, Rubin Williams, JJ)

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