Landlord Not Responsible for Tenant's Slip and Fall

Tenant sued landlord for negligence after she fell twice in the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part. Tenant appealed and lost. Landlord wasn’t responsible for tenant’s first slip and fall on wet steps in the building’s entry vestibule since it was snowing 10 or 15 minutes before tenant’s fall and landlord had no duty to correct the ongoing problem of pedestrians tracking water into the vestibule until a reasonable time after the storm ended. Landlord also wasn’t responsible for tenant’s second accident because there was no proof that landlord knew or should have known about urine on the second-floor platform. The building super testified that he inspected daily, mopped three times a week, and swept the stairs every day. Tenant testified that she didn’t see the urine on the afternoon before her 6:30 p.m. accident and was unaware of any complaints of a recurring condition.

Rosario v. Prana Nine Properties LLC: 38 N.Y.S.3d 182 (App. Div. 1 Dept.; 10/4/16; Tom, JP, Sweeny, Andrias, Webber, Gesmer, JJ)