Is Landlord Responsible for Tenant's Slip-and-Fall on Icy Steps?

Tenant of two-family house sued landlord to recover damages for injuries after slipping and falling on ice on the exterior front steps of his house. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was reopened. There were genuine issues of material fact as to whether the property manager's verbal agreement with landlord regarding maintenance of the property was comprehensive and exclusive and therefore entirely displaced landlord's duty to maintain the exterior front steps and gutter. There was also a question as to whether landlord had notice of a claimed recurrent dangerous condition regarding ice formation on the steps due to the leaky gutter and could therefore be charged with notice of each specific occurrence of the condition.

Sampaiolopes v. Lopes: Index Nos. 2018-06681, 2019-00735 -- 14931/12 (App. Div. 2 Dept.; 5/15/19; Mastro, JP, Austin, Miller, Maltese, JJ)