Landlord May Have Had Notice of Recurring Refuse Condition

September 30, 2004

LVT Number: 17598

Tenant sued landlord for negligence after he was injured by slipping and falling in a building stairway. Tenant claimed that refuse had been left on the stairway, consisting of beer bottles, soda cans, urine and other liquids. Tenant claimed that refuse was often left on the stairs, that his son had spoken with the building super about it on the day before the accident, and that many other tenants had complained. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court reopened the case.

Tenant sued landlord for negligence after he was injured by slipping and falling in a building stairway. Tenant claimed that refuse had been left on the stairway, consisting of beer bottles, soda cans, urine and other liquids. Tenant claimed that refuse was often left on the stairs, that his son had spoken with the building super about it on the day before the accident, and that many other tenants had complained. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court reopened the case. The building super had admitted that some tenants frequently left refuse and garbage on the stairs. So landlord may be responsible for a recurring condition. A trial was needed to determine the facts.

Rivera v. 2160 Realty Co. LLC: NYLJ, 9/13/04, p. 25, col. 2 (App. Div. Dept.; Buckley, PJ, Tom, Sullivan, Williams, Sweeny, JJ)

Topics

More like this