Landlord Had No Notice of Tripping Hazard

A pedestrian sued landlord for negligence after tripping over discarded Christmas trees placed near the curb on the sidewalk in front of landlord’s building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. The pedestrian appealed and lost. Landlord showed that it didn’t create an unreasonably dangerous condition by placing a pile of Christmas trees at curbside. The pedestrian, in turn, failed to show that landlord had notice of a tripping hazard that she claimed was caused when the trees later were moved by persons unknown.

Bisogno v. 333 Tenants Corp. Co-op: NYLJ, 4/26/10, p. 27, col. 2 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Acosta, DeGrasse, Richter, JJ)