Tenant Slipped on Icy Entrance Ramp

September 30, 2000

LVT Number: 14427

Tenant sued landlord for negligence. Tenant slipped on a patch of ice on an entry ramp leading to his apartment building when he tried to leave the building during a snowstorm. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant had submitted a sworn statement from a construction expert who said that the icy condition was caused by inadequate drainage from the roof or canopy overhanging the ramp. So there was a question of fact as to whether landlord was responsible for the condition. This required a trial.

Tenant sued landlord for negligence. Tenant slipped on a patch of ice on an entry ramp leading to his apartment building when he tried to leave the building during a snowstorm. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant had submitted a sworn statement from a construction expert who said that the icy condition was caused by inadequate drainage from the roof or canopy overhanging the ramp. So there was a question of fact as to whether landlord was responsible for the condition. This required a trial.

O'Brien v. 6601 Broadway Owners Corp.: NYLJ, 9/5/00, p. 24, col. 6 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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