Missing Floor Tiles Didn't Cause Tenant's Accident

September 30, 2009

LVT Number: #22177

Tenant sued landlord for negligence, after falling in her apartment bathroom. Tenant claimed that landlord was responsible for her injuries due to missing bathroom floor tiles. The court and appeals court ruled against tenant and dismissed the case without a trial. The difference between the surface of the bathroom floor covered by tiles and the surface of the floor where tiles were missing was two-tenths of an inch. This was a de minimis, or minor, condition.

Tenant sued landlord for negligence, after falling in her apartment bathroom. Tenant claimed that landlord was responsible for her injuries due to missing bathroom floor tiles. The court and appeals court ruled against tenant and dismissed the case without a trial. The difference between the surface of the bathroom floor covered by tiles and the surface of the floor where tiles were missing was two-tenths of an inch. This was a de minimis, or minor, condition. The court refused to consider additional claims that there was some other hole in the bathroom floor that caused tenant's fall, raised for the first time on appeal.

DeLeon v. NYCHA: NYLJ, 9/25/09, p. 32, col. 2 (App. Div. 1 Dept.; Gonzalez, PJ, Andrias, Catterson, Acosta, Abdus-Salaam, JJ)

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