Landlord Had No Notice of Wet Floor

December 1, 2003

LVT Number: 16983

Tenant sued landlord for negligence after she slipped and fell in a puddle of water on a marble floor near the building's elevator. It had been raining for two and a half hours before tenant slipped. Landlord claimed that it wasn't responsible for tenant's injury and asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact. Landlord appealed and won. Tenant didn't show that landlord caused the condition by not putting down mats.

Tenant sued landlord for negligence after she slipped and fell in a puddle of water on a marble floor near the building's elevator. It had been raining for two and a half hours before tenant slipped. Landlord claimed that it wasn't responsible for tenant's injury and asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact. Landlord appealed and won. Tenant didn't show that landlord caused the condition by not putting down mats. Tenant also didn't show that landlord knew about the condition or that the condition was visible for enough time that landlord should have known about it.

Izrailova v. Rego Realty, LLC: NYLJ, 11/3/03, p. 32, col. 6 (App. Div. 2 Dept. Santucci, JP, Miller, McGinity, Schmidt, JJ)

Topics

More like this