Landlord Had No Notice of Wet Floor

January 1, 2001

LVT Number: 14640

Landlord's employee sued landlord for negligence after he slipped and fell near the elevator in landlord's building. He claimed that the floor was wet because it had rained about an hour earlier, and he saw footprints. But he couldn't remember if there actually was water on the floor. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Even if the floor was wet, there was no proof that it had been wet long enough for landlord to have discovered and corrected the condition.

Landlord's employee sued landlord for negligence after he slipped and fell near the elevator in landlord's building. He claimed that the floor was wet because it had rained about an hour earlier, and he saw footprints. But he couldn't remember if there actually was water on the floor. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Even if the floor was wet, there was no proof that it had been wet long enough for landlord to have discovered and corrected the condition.

Choi v. Olympia & York Water St. Co.: NYLJ, 12/21/00, p. 26, col. 6 (App. Div.1 Dept.; Nardelli, JP, Tom, Lerner, Buckley, Friedman, JJ)

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