Landlord Not Responsible for Deceased Tenant's Slip-and-Fall During Storm

Tenant's estate sued landlord for negligence after tenant slipped and fell from an outdoor step that was covered in snow and ice. The tenant died as a result of the fall. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the accident. The court ruled for landlord. The estate appealed and lost. An owner's duty to take reasonable measures to remedy a dangerous condition caused by a storm is suspended while the storm is in progress, and doesn't start until a reasonable time after the storm has ended. Landlord had presented certified climatological proof that, at the time of the accident, it was raining, drizzling, and misting. Witness testimony was consistent with that data. And the upstairs tenant testified that at 10 p.m. on the night prior to the accident, the stairs were clear and dry. So, the estate's claim that tenant fell on leftover snow rather than freezing rain that was falling at the time of the accident was speculative.

Alessandro v. Alessandro: Index No. 21692/18E, App. No. 16336, Case No. 2020-03138 (App. Div. 1 Dept.; 10/6/22; Manzanet-Daniels, JP, Mazzarelli, Moulton, Kennedy, Pitt, JJ)