Concrete Step Wasn't Hazard

April 1, 2003

LVT Number: 16440

Tenant sued landlord for negligence after she walked off a concrete step behind the building and was injured. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord proved that the step was readily observable and wasn't a hazard. Tenant had used the step earlier that same day with no problem. And tenant's expert's unsworn report, claiming that the step was dangerous and violated the building code, was insufficient to raise a question of fact warranting trial.

Tenant sued landlord for negligence after she walked off a concrete step behind the building and was injured. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord proved that the step was readily observable and wasn't a hazard. Tenant had used the step earlier that same day with no problem. And tenant's expert's unsworn report, claiming that the step was dangerous and violated the building code, was insufficient to raise a question of fact warranting trial.

Nigro v. JRC Management: NYLJ, 3/20/03, p. 18, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Saxe, Ellerin, Williams, JJ)

Topics

More like this