Landlord Not Responsible for Tenant's Fall on Lobby Stairs

October 31, 2011

LVT Number: #23706

Tenant sued landlord for negligence after she fell while walking on the building's lobby stairs. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and won. Tenant claimed that the stairs were defective. But there was only a chip measuring less than two inches wide in the second step from the bottom of a five-step marble stairway. The chip was located almost entirely on the nosing of the step, not on the walking surface, and was trivial, not dangerous. The case was dismissed.

Tenant sued landlord for negligence after she fell while walking on the building's lobby stairs. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and won. Tenant claimed that the stairs were defective. But there was only a chip measuring less than two inches wide in the second step from the bottom of a five-step marble stairway. The chip was located almost entirely on the nosing of the step, not on the walking surface, and was trivial, not dangerous. The case was dismissed.

Grosskopf v. 8320 Parkway Towers Corp.: 930 N.Y.S.2d 661, 2011 N.Y. Slip Op. 07201 (App. Div. 2 Dept.; 10/11/11; Dillon, JP, Belen, Roman, Miller, JJ)

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