New Trial Needed on Whether Landlord Liable for Elevator Accident

April 30, 2007

LVT Number: #19595

Elderly tenant sued landlord for negligence after she tripped and fell while stepping into the elevator. She claimed the elevator wasn't level with the floor. The court ruled for tenant after the trial. Although the jury found landlord 75 percent liable and tenant 25 percent liable for tenant's injuries, it didn't think tenant's portion was significant. Landlord appealed and won. The trial court's decision was inconsistent. The court should have either directed the jury to reconsider its decision or ordered a new trial. The case was sent back to the lower court for a new trial.

Elderly tenant sued landlord for negligence after she tripped and fell while stepping into the elevator. She claimed the elevator wasn't level with the floor. The court ruled for tenant after the trial. Although the jury found landlord 75 percent liable and tenant 25 percent liable for tenant's injuries, it didn't think tenant's portion was significant. Landlord appealed and won. The trial court's decision was inconsistent. The court should have either directed the jury to reconsider its decision or ordered a new trial. The case was sent back to the lower court for a new trial.

Dubec v. NYCHA: NYLJ, 4/30/07, p. 28, col. 1 (App. Div. 1 Dept.; Andrias, JP, Saxe, Marlow, Nardelli, Williams, JJ)

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