Landlord Had No Notice of Dangerous Condition

March 1, 2004

LVT Number: 17150

Tenant was injured walking out of her building when she slipped and fell on leaves and other debris that had accumulated at the base of an exterior stairway. Tenant sued landlord for negligence. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord's building caretaker testified in pretrial questioning that landlord had no notice of the condition that caused tenant's injury.

Tenant was injured walking out of her building when she slipped and fell on leaves and other debris that had accumulated at the base of an exterior stairway. Tenant sued landlord for negligence. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord's building caretaker testified in pretrial questioning that landlord had no notice of the condition that caused tenant's injury. There was no question of fact as to whether landlord had constructive notice or actual knowledge of a recurring dangerous condition that would require a trial.

Menzies v. NYCHA: NYLJ, 2/26/04, p. 33, col. 1 (App. Div. 2 Dept.; Prudenti, PJ, Goldstein, Luciano, Cozier, JJ)

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