Tenant Slipped on Puddle in Elevator

Tenant sued landlord and home health care company for negligence after she slipped on a puddle in the building's elevator. The building super's son noticed a sudsy spill in the elevator and went immediately to get a mop. Within the few minutes that he was gone, tenant's home health care attendant held the elevator open for tenant but didn't see the puddle. The jury ruled for tenant, but the judge set aside the jury verdict. Tenant appealed. The appeals court ruled for tenant in part. Whether the home health care attendant didn't see the hazard or take reasonable action was a question the jury had to decide. But since landlord responded quickly to the spill, the jury couldn't find that landlord hadn't corrected the dangerous condition. Legally, it was improper for the jury to find landlord responsible for tenant's injuries.

Calick v. Double A Property Assocs.: NYLJ, p. 32, col. 4 (6/5/98) (App. Div. 2 Dept.; Ritter, JP, Thompson, Altman, McGinity, JJ)