No Notice to Landlord of Hazardous Condition

February 1, 2001

LVT Number: 14712

Tenant sued landlord for negligence after he slipped and fell on trash in the elevator. Landlord asked the court to dismiss the case because it had no notice of the condition. The court ruled for landlord. Tenant appealed and lost. Landlord swept and mopped the public areas of the building once a day. And there was a 24-hour number for tenants to report any building conditions. There was no proof that landlord had gotten notice of the trash in the elevator in between its daily cleanings. So landlord had no notice of the condition and wasn't responsible.

Tenant sued landlord for negligence after he slipped and fell on trash in the elevator. Landlord asked the court to dismiss the case because it had no notice of the condition. The court ruled for landlord. Tenant appealed and lost. Landlord swept and mopped the public areas of the building once a day. And there was a 24-hour number for tenants to report any building conditions. There was no proof that landlord had gotten notice of the trash in the elevator in between its daily cleanings. So landlord had no notice of the condition and wasn't responsible.

Maldonado v. NYCHA: NYLJ, 1/29/01, p. 25, col. 1 (App. Div.1 Dept.; Rosenberger, JP, Tom, Ellerin, Rubin, Buckley, JJ)

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