Tenant Slipped on Snow at Building's Entranceway

LVT Number: 13115

Tenant sued landlord for negligence after she slipped and fell on snow and ice on the walkway in front of her building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. A trial was needed to decide several factual issues. One was whether the walkway in front of the building where tenant slipped was owned by landlord or was a public sidewalk.

Tenant sued landlord for negligence after she slipped and fell on snow and ice on the walkway in front of her building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. A trial was needed to decide several factual issues. One was whether the walkway in front of the building where tenant slipped was owned by landlord or was a public sidewalk. The other was whether landlord had been negligent in not removing some snow that had fallen a few days earlier, and which was covered a few days later with freezing rain.

Brock v. Cathedral Parkway Towers Mgmt. Co.: NYLJ, p. 27, col. 3 (3/4/99) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Williams, Andrias, JJ)