Landlord Not Responsible for Tenant's Fall

August 31, 2009

LVT Number: #22113

Tenant sued landlord for negligence after she slipped and fell on rain water that accumulated through an open window in landlord’s apartment building staircase. In pretrial questioning, the building super stated that he had closed the window before it began to rain, about two-and-a-half hours before the accident. Landlord claimed that it didn’t create any hazardous condition and asked the court to dismiss the case without a trial.

Tenant sued landlord for negligence after she slipped and fell on rain water that accumulated through an open window in landlord’s apartment building staircase. In pretrial questioning, the building super stated that he had closed the window before it began to rain, about two-and-a-half hours before the accident. Landlord claimed that it didn’t create any hazardous condition and asked the court to dismiss the case without a trial. Tenant claimed that a trial was needed because the window was accessible by anyone in the staircase. The court dismissed the case without a trial. Tenant appealed and lost. Landlord’s general awareness that tenants at times opened the staircase window was insufficient to raise a question as to whether landlord had notice of the wet condition in the stairway.

Carmona v. 40-25 Hampton, LLC: NYLJ, 8/14/09, p. 38, col. 1 (App. Div. 2 Dept.; Rivera, JP, Florio, Belen, Austin, JJ)

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