Landlord Didn't Have Notice of Dangerous Condition

November 1, 2001

LVT Number: 15361

Tenant's housekeeper sued landlord for negligence. She had cut her finger on the glass cover of a ceiling light when she fell off a wobbly ladder while making tenant's bunk bed. Landlord claimed that he wasn't responsible for the injuries and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord wasn't responsible for the condition of furniture in tenant's apartment. Also, the mere fact that the glass broke when the housekeeper struck it didn't prove that the cover was danger-ous or defective.

Tenant's housekeeper sued landlord for negligence. She had cut her finger on the glass cover of a ceiling light when she fell off a wobbly ladder while making tenant's bunk bed. Landlord claimed that he wasn't responsible for the injuries and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord wasn't responsible for the condition of furniture in tenant's apartment. Also, the mere fact that the glass broke when the housekeeper struck it didn't prove that the cover was danger-ous or defective. And even if the cover was in a dangerous condition, landlord didn't have actual or constructive notice of the condition.

Lekocevic v. Linder: 730 NYS2d 83 (App. Div.1 Dept. 2001; Rosenberger, JP, Williams, Wallach, Lerner, Friedman, JJ)

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