Landlord Not Liable for Slip on Ice

March 1, 2003

LVT Number: 16373

Tenant sued landlord for negligence after he slipped on ice on the walkway of a housing complex. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Freezing rain and ice started falling in the early morning, two hours before tenant slipped. The storm didn't end until five hours after tenant slipped. There was no ice on the ground before the storm, and under city law, landlord had four hours after the storm ended to remove snow and ice. So landlord wasn't responsible for tenant's fall.

Tenant sued landlord for negligence after he slipped on ice on the walkway of a housing complex. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Freezing rain and ice started falling in the early morning, two hours before tenant slipped. The storm didn't end until five hours after tenant slipped. There was no ice on the ground before the storm, and under city law, landlord had four hours after the storm ended to remove snow and ice. So landlord wasn't responsible for tenant's fall.

Prince v. NYCHA: NYLJ, 2/24/03, p. 20, col. 5 (App. Div.1 Dept.; Saxe, JP, Buckley, Rosenberger, Gonzalez, JJ)

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