Landlord Not Responsible for Tenant's Fall at Open Construction Area

April 9, 2007

LVT Number: 19415

Tenant sued landlord condominium corporation, condo homeowners' association, and construction company after she fell at a construction site at the building. Landlord, the homeowners' association, and the construction company all asked the court to dismiss the case without a trial. The court ruled in their favor. Tenant appealed and lost. Tenant had admitted in pretrial questioning that she was previously aware of the condition and had crossed the same area earlier in the day without incident. The construction area was open and obvious, and not, in itself, dangerous.

Tenant sued landlord condominium corporation, condo homeowners' association, and construction company after she fell at a construction site at the building. Landlord, the homeowners' association, and the construction company all asked the court to dismiss the case without a trial. The court ruled in their favor. Tenant appealed and lost. Tenant had admitted in pretrial questioning that she was previously aware of the condition and had crossed the same area earlier in the day without incident. The construction area was open and obvious, and not, in itself, dangerous. The case was properly dismissed.

Lombardi v. Silk Mill Condominiums, Inc.: NYLJ, 2/13/07, p. 32, col. 1 (App. Div. 2 Dept.; Miller, JP, Spolzino, Ritter, Dillon, JJ)

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