Tenant Slipped on Ice in Building Parking Lot
LVT Number: #24538
Tenant sued landlord for negligence after she slipped and fell on a patch of ice in the building's parking lot, injuring her ankle. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Tenant fell in the parking lot when she returned to the building at night. She stated in response to pretrial questioning that she had seen patches of ice and snow in the parking lot when she left the building in the early afternoon. Tenant's husband also stated that he observed large patches of ice throughout the parking lot in the days before the accident. Tenant raised a question as to whether landlord had constructive notice of the condition and failed to act, which required a trial.
Rodriquez v. Binghamton Housing Authority: 955 NYS2d 680, 2012 NY Slip Op 08397 (App. Div. 3d Div.; 12/6/12; Mercure, JP, Lahtinen, Malone Jr., Stein, Egan Jr.)