Landlord May Be Responsible for Tenant's Fall in Lobby

After slipping and falling in the building lobby, tenant sued landlord for negligence. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for tenant's injuries. The court and appeals court ruled against landlord. Landlord's building log book stated that there were slippery conditions in the lobby at 4:30 p.m., four hours before the accident. The log book also noted that no protective floor mats were available at the time of the entry, and that another person slipped at 6:00 p.m. the same day. The staff member who made the log entries also wrote that "something should be done." Clearly, the log book notations raised a question of fact as to whether landlord had notice of a dangerous condition. A trial was required to determine the facts.

Merdinger v. Mutual Redevelopment Houses, Inc.: NYLJ, 6/20/08, p. 30, col.5 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)