Landlord Not Responsible for Slip and Fall on Banana Peel

Pedestrian sued landlord for negligence after she slipped and fell on a banana peel on the roadway in front of landlord's Queens building. She claimed that the banana peel fell from an open garbage bag piled on top of other garbage bags stacked over six feet high outside the building. Landlord claimed that it didn't create the condition complained about and didn't know about it. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant pointed out that by piling the garbage bags over six feet high, landlord violated the New York City Sanitation Code. But without more, this didn't mean that landlord created a dangerous condition.

Fotiatis v. Cambridge Hall Tenants Corp.: NYLJ, 12/29/08, p. 19, col. 1 (Sup. Ct. Nassau; Feinman, J)