Is Landlord Responsible for Tenant's Fall on Sidewalk Crack?

October 28, 2018

LVT Number: #29698

Tenant sued landlord after she fell outside her apartment building due to a sidewalk crack filled with dirty ice. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for tenant's injuries. The court ruled for landlord. Tenant appealed, and the case was reopened. There were genuine issues of material fact as to whether ice that filled the sidewalk crack magnified the dangers the crack posed and as to whether there was an accumulation of old ice in the area where tenant slipped and fell.

Tenant sued landlord after she fell outside her apartment building due to a sidewalk crack filled with dirty ice. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for tenant's injuries. The court ruled for landlord. Tenant appealed, and the case was reopened. There were genuine issues of material fact as to whether ice that filled the sidewalk crack magnified the dangers the crack posed and as to whether there was an accumulation of old ice in the area where tenant slipped and fell. And testimony of the building super concerning daily inspection of the area by building porters was insufficient to show that landlord didn't have constructive notice of claimed dangerous conditions. A trial was needed to determine the facts. 

Adario-Caine v. 69th Tenants Corp.: Index No. 107685/11, 2018 NY Slip Op 06180 (App. Div. 1 Dept.; 9/25/18; Acosta, PJ, Sweeny, Manzanet-Daniels, Gesmer, Singh, JJ)

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