Tenant Claims Landlord Responsible for His Slip and Fall on Ice

LVT Number: #26129

Tenant sued landlord for negligence after he slipped and fell on ice in front of his building. Landlord asked the court to dismiss the case without trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. A trial was needed to determine whether the four-hour window period for snow or ice removal following a storm had ended before the accident occurred.

Tenant sued landlord for negligence after he slipped and fell on ice in front of his building. Landlord asked the court to dismiss the case without trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. A trial was needed to determine whether the four-hour window period for snow or ice removal following a storm had ended before the accident occurred. There were also questions of fact concerning the weather conditions, whether the general cleaning procedures at the building were sufficient, and whether landlord had notice of the claimed icy conditions.

Simpson v. City of New York: 126 A.D.3d 640, NY Slip Op 02690 (App. Div. 1 Dept.; 3/31/15; Tom, JP, Andrias, Saxe, Manzanet-Daniels, Kapnick, JJ)