Landlord Didn't Know About Water on Stairway

August 31, 2004

LVT Number: 17535

Tenant sued landlord for negligence after slipping and falling on water in a building stairway. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant presented no proof that landlord created the condition, knew about it, or should have known about it. Landlord, on the other hand, did show that it neither created the condition nor had knowledge of it. So the case must be dismissed.

Tenant sued landlord for negligence after slipping and falling on water in a building stairway. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant presented no proof that landlord created the condition, knew about it, or should have known about it. Landlord, on the other hand, did show that it neither created the condition nor had knowledge of it. So the case must be dismissed.

Katz v. Seminole Realty Corp.: NYLJ, 8/12/04, p. 25, col. 4 (App. Div. 2 Dept.; Santucci, JP, Goldstein, Luciano, Mastro, JJ)

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