Landlord Didn't Create Defective Condition

Tenant sued landlord for negligence after she slipped and fell in the building lobby. Tenant claimed that landlord was responsible for the wet condition of the lobby floor that caused her to fall. Landlord claimed it didn't create the condition and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Tenant admitted that landlord had no notice of the lobby condition and presented no proof that landlord created the condition. So, since there was no factual issue concerning whether there was a dangerous or defective condition that landlord created, or of which it had actual or constructive notice, the case was dismissed.

Bradley v. NYCHA: NYLJ, p. 31, col. 3 (2/18/99) (App. T. 2 Dept.)