Landlord Not Responsible for Tenant's Slip and Fall

October 31, 2011

LVT Number: #23699

Tenant sued landlord for negligence after he was injured in a slip and fall on the building's staircase. The court ruled against tenant, who appealed and lost. In pretrial questioning, there was no claim of any defects in the steps, handrails, or treads. And tenant's expert witness hadn't even inspected the staircase. Tenant raised no questions warranting a trial. Nothing suggested that landlord was responsible.

Tenant sued landlord for negligence after he was injured in a slip and fall on the building's staircase. The court ruled against tenant, who appealed and lost. In pretrial questioning, there was no claim of any defects in the steps, handrails, or treads. And tenant's expert witness hadn't even inspected the staircase. Tenant raised no questions warranting a trial. Nothing suggested that landlord was responsible.

Garcia-Rosales v. 370 Seventh Avenue Associates, LLC: NYLJ, 10/11/11, p. 18, col. 1 (App. Div. 1 Dept.; Tom, JP, Saxe, DeGrasse, Freedman, Roman, JJ)

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