Landlord Not Responsible for Tenant's Fall in Laundry Room
LVT Number: #26077
Tenant sued landlord after she slipped and fell in the building laundry room. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled for landlord and found it wasn't responsible for tenant's injuries. Tenant claimed that she slipped on water on the floor of the laundry room but admitted she didn't see any water. She just claimed that her pants were damp. The building super checked the laundry room three times on the day of the accident and found it clean and dry. No one had complained to landlord about any laundry room conditions during the three-month period before the accident. Tenant's expert claimed that the ventilation system in the laundry room created a dangerous, slippery condition on the floor, but he lacked expertise to offer an opinion. The expert failed to prove that the testing conducted five months later replicated the conditions on the date of the accident. He said that he touched the laundry room floor with his hand and found that it was wet and damp, but he didn't say that the floor was wet in the area where tenant fell.
Mahai-Sharpe v. Riverbay Corporation: 126 A.D.3d 573, 2015 NY Slip Op 02206 (App. Div. 1 Dept.; 3/19/15; Tom, JP, Acosta, Andrias, Moskowitz, Kapnick, JJ)