Landlord Not Responsible for Tenant's Slip and Fall

Tenant sued landlord for negligence after a slip and fall that happened when she entered the building elevator. Video showed that tenant fell in a spot right behind where her daughter had just wheeled a suitcase into the elevator. Tenant said she noticed the lobby floor was wet but no warning signs or mats were present. A building employee testified that carpeting was always placed out when it rained, and the site supervisor testified he was unaware of complaints concerning water accumulation on the lobby floor. The court granted landlord's request to dismiss the case without a trial. Landlord established that it didn't create the wet-floor condition. Landlord claimed that the water on the floor was tracked from the daughter's feet and suitcase. Landlord lacked actual or constructive notice of the floor being wet since it wasn't notified of any condition.

Kwan v. Confucius Plaza Tenants Ass'n: 70 Misc.3d 1215(A), 2021 NY Slip Op 50092(U), NYLJ No. 16122987397 (Sup. Ct. NY; 2/5/21; Lebovits, J)