No Notice of Inadequate Lighting

May 31, 2006

LVT Number: 18887

Tenant sued landlord for negligence after she slipped and fell in a building stairwell. Tenant claimed that there was liquid on the steps and inadequate lighting in the stairwell. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord on the issue of the liquid, but not on the lighting issue. Landlord appealed and won. Landlord's employee testified in pretrial questioning that there was no pre-existing condition of inadequate lighting. And landlord had no notice of any inadequate lighting. Tenant showed no proof to the contrary.

Tenant sued landlord for negligence after she slipped and fell in a building stairwell. Tenant claimed that there was liquid on the steps and inadequate lighting in the stairwell. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord on the issue of the liquid, but not on the lighting issue. Landlord appealed and won. Landlord's employee testified in pretrial questioning that there was no pre-existing condition of inadequate lighting. And landlord had no notice of any inadequate lighting. Tenant showed no proof to the contrary.

Resto v. 798 Realty LLC: NYLJ, 5/1/06, p. 27, col. 5 (App. Div. 1 Dept.; Tom, JP, Sullivan, Nardelli, Catterson, McGuire, JJ)

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