Delivery Person Slipped on Staircase

A delivery person sued landlord for negligence.He claimed he slipped and fell on a stairway between the first and second floors of landlord's building. The delivery person claimed he fell because of debris on the stairs. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed. The appeals court ruled for landlord and dismissed the case. The delivery person didn't come forward with sufficient proof to raise any issues requiring a trial. There was no proof that landlord had actual notices or should have known of a littered stairway. The delivery person himself stated that he didn't see any objects or materials on the stairway as he was walking. If debris was left on the stairs in the five minutes he was upstairs, this wasn't sufficient time to establish that landlord should have known about the condition and fixed it.

Espinal v. New York City Housing Authority:NYLJ, p. 27, col. 1 (5/25/95) (App. Div. 1 Dept.;Sullivan, JP, Rosenberger, Nardelli, Williams, JJ)