Insufficient Proof Landlord Notified About Water on Staircase

A visitor sued landlord for negligence after he slipped and fell in a staircase in landlord’s apartment building, and landed on a platform. In 2005, the visitor stated during pretrial questioning that he didn’t know of any dangerous condition that caused his accident and didn’t see any water on the step where he slipped. He only saw a puddle on the platform where he landed. Landlord asked the court to dismiss the case without a trial, claiming that it had no notice of any dangerous condition and wasn’t responsible for the visitor’s injuries. The court ruled for landlord. Visitor appealed. In 2007, the visitor produced sworn statements from two tenants who claimed that the stairs generally were wet after it rained. But these statements directly contradicted the visitor’s prior statements, and merely showed an attempt to avoid the consequences of what he said. There was insufficient proof to require a trial, so the appeals court ruled against the visitor.

Caraballo v. Kingsbridge Apt. Corp.: NYLJ, 2/23/09, p. 29, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Gonzalez, Catterson, Renwick, JJ)