Tenant Fell in Hallway

May 31, 1996

LVT Number: 10616

Tenant sued landlord for negligence after falling in the hallway outside her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court again ruled against landlord. Tenant raised factual questions concerning the condition of the floor---who created this condition and whether landlord had sufficient prior notice of any such condition. A trial was required to determine if landlord was negligent.

Tenant sued landlord for negligence after falling in the hallway outside her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court again ruled against landlord. Tenant raised factual questions concerning the condition of the floor---who created this condition and whether landlord had sufficient prior notice of any such condition. A trial was required to determine if landlord was negligent.

Malkin v. 14350 Hoover Owners Corp.: NYLJ, p. 26, col. 3 (5/20/96) (App. Div. 1 Dept.; Milon-as, JP, Ellerin, Wallach, Rubin, Mazarelli, JJ)

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