Insufficient Proof of Slip Hazard in Building Hallway

June 17, 2014

LVT Number: #25591

Tenant sued landlord and property manager for negligence after she claimed to have slipped and fallen on an oily substance on the sixth-floor hallway of the 23-story apartment building. Landlord asked the court to dismiss the case, claiming that it didn't create any hazardous condition. The court ruled against landlord, who appealed and won. Landlord showed that it had no notice of the existence of any condition for a sufficient length of time to discover and remedy it.

Tenant sued landlord and property manager for negligence after she claimed to have slipped and fallen on an oily substance on the sixth-floor hallway of the 23-story apartment building. Landlord asked the court to dismiss the case, claiming that it didn't create any hazardous condition. The court ruled against landlord, who appealed and won. Landlord showed that it had no notice of the existence of any condition for a sufficient length of time to discover and remedy it. The building porter's statements as to when he last inspected the hallway were not inconsistent with prior deposition testimony.

Gadzhiyeva v. Smith: NYLJ, 5/5/14, p. 28, col. 5 (App. Div. 2 Dept.; Rivera, JP, Dickerson, Cohen, Hinds-Radix, Maltese, JJ)

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