Landlord Responsible for Tenant's Fall in Stairwell

July 31, 2009

LVT Number: #22054

Tenant sued landlord for negligence after she fell in a building stairwell. The court ruled for tenant after a jury trial. Landlord appealed and lost. Tenant and another witness testified that there was a daily accumulation of refuse and debris in the stairwell, although complaints were made to the building super several times a week. Landlord failed to dispute that it had knowledge of the condition or that it took any steps to correct it.

Tenant sued landlord for negligence after she fell in a building stairwell. The court ruled for tenant after a jury trial. Landlord appealed and lost. Tenant and another witness testified that there was a daily accumulation of refuse and debris in the stairwell, although complaints were made to the building super several times a week. Landlord failed to dispute that it had knowledge of the condition or that it took any steps to correct it. The jury fairly interpreted the evidence to find that tenant’s fall was caused by an ongoing dangerous condition that landlord failed to address or remedy.

White v. City of New York: NYLJ, 7/8/09, p. 35, col. 1 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)

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