Landlord Not Responsible for Tenant's Fall in Elevator

April 30, 2007

LVT Number: #19592

Tenant sued landlord and elevator company for negligence. He claimed that he fell down the elevator shaft when the elevator door opened on his floor, he stepped in, but the elevator wasn't there. Landlord and elevator company asked the court to dismiss the case without trial. The court ruled against them. They appealed and won. Evidence showed that the elevator was well lit, not moving, and not making any noise. Tenant was drunk and tried to open the elevator door and jump out. This caused his injury.

Tenant sued landlord and elevator company for negligence. He claimed that he fell down the elevator shaft when the elevator door opened on his floor, he stepped in, but the elevator wasn't there. Landlord and elevator company asked the court to dismiss the case without trial. The court ruled against them. They appealed and won. Evidence showed that the elevator was well lit, not moving, and not making any noise. Tenant was drunk and tried to open the elevator door and jump out. This caused his injury.

Jennings v. 1704 Realty, LLC: NYLJ, 4/25/07, p. 26, col. 2 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Sullivan, Gonzalez, McGuire, JJ)

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