Landlord Had No Notice of Defective Door Saddle

January 1, 2010

LVT Number: #22366

Tenant sued landlord after she slipped and fell over a defective door saddle. A jury ruled against tenant at trial, and the case was dismissed. Tenant appealed and lost. The jury didn't believe tenant's claim that she gave landlord notice of the condition. Tenant admitted that she never went to landlord's management office to complain in person during the three months during which she claimed her telephoned complaints were being ignored. Landlord showed that it had responded to other complaints made by tenant during the same period.

Tenant sued landlord after she slipped and fell over a defective door saddle. A jury ruled against tenant at trial, and the case was dismissed. Tenant appealed and lost. The jury didn't believe tenant's claim that she gave landlord notice of the condition. Tenant admitted that she never went to landlord's management office to complain in person during the three months during which she claimed her telephoned complaints were being ignored. Landlord showed that it had responded to other complaints made by tenant during the same period.

Perez v. Andrews Plaza Housing Associates, LP: NYLJ, 12/14/09, p. 24, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Saxe, Catterson, Acosta, JJ)

Topics

More like this