Snow Removal Company Not Responsible for Tenant's Injuries

September 30, 2011

LVT Number: #23628

Tenant sued landlord and snow removal company hired by landlord after she slipped and fell on an icy stairway at landlord's building. The snow remover claimed that it wasn't responsible. The court agreed and dismissed the claim against that company. The snow removal company had no duty of care to tenant since it had no contract with her. And the snow remover didn't displace landlord's duty to maintain the building in a safe condition. The super had testified that he personally inspected the staircases for the presence of ice and snow.

Tenant sued landlord and snow removal company hired by landlord after she slipped and fell on an icy stairway at landlord's building. The snow remover claimed that it wasn't responsible. The court agreed and dismissed the claim against that company. The snow removal company had no duty of care to tenant since it had no contract with her. And the snow remover didn't displace landlord's duty to maintain the building in a safe condition. The super had testified that he personally inspected the staircases for the presence of ice and snow. Also, landlord's contract with the snow remover didn't require the snow remover to compensate landlord for any claims connected to its work.

Guaiana v. Langdale Owners Corp.: Index No. 104243/08, NYLJ No. 1202514259219 (Sup. Ct. NY; 8/31/11; Rakower, J)

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