Tenant Doesn't Prove Accumulation of Snow in Slip-and-Fall Case
LVT Number: #24475
Tenant sued NYCHA after she slipped and fell when she got out of a taxi and stepped onto a curb in front of landlord's building. Tenant claimed that NYCHA was negligent in failing to properly remove snow from the sidewalk. The court ruled for NYCHA and dismissed the case. There was no independent admissible proof contradicting NYCHA's certified report from an independent meteorologist, which stated that there was no accumulated snow near the accident location on the date in question. Tenant's photographs of the scene were taken days after the accident, and it had snowed during that time.
Perez v. NYCHA: Index No. 103275/09, NYLJ, 11/2/12, p. 15, col. 1 (Sup. Ct. NY; 10/12/12; Hagler, J)