New Landlord Must Allow Both Sides Access to Inspect Staircase in Trip-and-Fall Case

April 26, 2016

LVT Number: #26947

Tenant sued landlord and restaurant located in the building after a trip-and-fall incident on an interior staircase of the building. Tenant and prior landlord sought access to the staircase for inspection. Current landlord opposed the request, and the court ruled for current landlord. Prior landlord and tenant appealed. The appeals court reversed and ruled that they should have access. Although the delay in inspection following the 2010 incident may weaken the value of any evidence collected, there was no harm to current landlord in permitting this access.

 

 

Tenant sued landlord and restaurant located in the building after a trip-and-fall incident on an interior staircase of the building. Tenant and prior landlord sought access to the staircase for inspection. Current landlord opposed the request, and the court ruled for current landlord. Prior landlord and tenant appealed. The appeals court reversed and ruled that they should have access. Although the delay in inspection following the 2010 incident may weaken the value of any evidence collected, there was no harm to current landlord in permitting this access.

 

 

Cortes v. ALN Restaurant, Inc.: 26 NYS3d 283, 2016 NY Slip Op (App. Div. 1 Dept.; 3/3/16; Mazzarell, JP Sweeny, Manzanet-Daniels, Gische, JJ)

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