Landlord Not Responsible for Puddle of Water in Lobby

April 9, 2007

LVT Number: 19413

Tenant sued landlord for negligence after she slipped and fell on a puddle of water in the building lobby. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant admitted that she had left the building about 10 minutes before the accident and didn't see any water on the lobby floor. When she came back to the building, she saw people with umbrellas entering the building before her, and saw a lot of water dripping from the umbrellas.

Tenant sued landlord for negligence after she slipped and fell on a puddle of water in the building lobby. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant admitted that she had left the building about 10 minutes before the accident and didn't see any water on the lobby floor. When she came back to the building, she saw people with umbrellas entering the building before her, and saw a lot of water dripping from the umbrellas. Based on the facts tenant presented, landlord showed that it didn't create the condition, didn't know about it, and couldn't have known about it when it happened.

Lin v. NYCHA: NYLJ, 2/2/07, p. 37, col. 1 (App. Div. 2 Dept.; Spolzino, JP, Florio, Lifson, Covello, JJ)

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