Tenant Doesn't Prove There Were Ice Patches in Parking Lot

June 27, 2016

LVT Number: #27069

Tenant sued landlord after she claimed that she slipped and fell on a patch of ice in the parking lot next to the apartment building. The court granted landlord’s request to dismiss the case without a trial. Tenant appealed and lost. Tenant submitted no proof indicating that patches of ice existed in the parking lot at the time of the building super’s inspection 1.5 hours before her accident or that ice could have formed a sufficient amount of time after that inspection and before her accident so that landlord could have discovered and remedied the condition. 

Tenant sued landlord after she claimed that she slipped and fell on a patch of ice in the parking lot next to the apartment building. The court granted landlord’s request to dismiss the case without a trial. Tenant appealed and lost. Tenant submitted no proof indicating that patches of ice existed in the parking lot at the time of the building super’s inspection 1.5 hours before her accident or that ice could have formed a sufficient amount of time after that inspection and before her accident so that landlord could have discovered and remedied the condition. 

 

Ferro v. 43 Bronx River Road: 2016 NY Slip Op 03848, 2016 WL 2890227 (App. Div. 2 Dept.; 5/18/16; Leventhal, JP, Roman, Hinds-Radix, Brathwaite Nelson, JJ)

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