No Notice to Landlord of Rain Water in Stairwell
LVT Number: 17915
Tenant sued landlord for negligence after slipping and falling in the building stairwell. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that he slipped on rain water that accumulated from open windows. The building superintendent testified that he never got any complaints about water in the stairwell. And statements from other witnesses submitted by tenant were unsworn. Tenant provided no explanation for this, and no proof of a recurring rain water problem.
Tejeda v. Six Ten Management Corp.: NYLJ, 2/17/05, p. 27, col. 4 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Marlow, Nardelli, Catterson, JJ)