Trip and Fall on Driveway Crack

November 1, 2003

LVT Number: 16913

Tenant sued landlord for negligence after he tripped and fell on a crack in the driveway of the building. Landlord asked the court to dismiss the case without a trial. Landlord claimed that the pavement crack was minor and wasn't a dangerous or defective condition. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Photographs of the area and the driveway crack showed that the condition was too minor to be grounds for a lawsuit.

Tenant sued landlord for negligence after he tripped and fell on a crack in the driveway of the building. Landlord asked the court to dismiss the case without a trial. Landlord claimed that the pavement crack was minor and wasn't a dangerous or defective condition. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Photographs of the area and the driveway crack showed that the condition was too minor to be grounds for a lawsuit.

Pennella v. 277 Bronx River Rd. Owners, Inc.: NYLJ, 10/20/03, p. 28, col. 5 (App. Div. 2 Dept.; Ritter, JP, Smith, Friedmann, Miller, Crane, JJ)

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