No Proof of Defective Staircase

May 31, 2011

LVT Number: #23413

Tenant sued landlord for negligence after she stepped on a stair in her apartment building staircase and a piece of the stair broke off, causing her to fall. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Landlord had no prior notice of any defect in the stairs. There had been no complaints. Tenant said she had seen 20 to 25 loose stairs in the building's staircases during the five years she lived there, but couldn't say whether any of them were in the area where she fell.

Tenant sued landlord for negligence after she stepped on a stair in her apartment building staircase and a piece of the stair broke off, causing her to fall. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Landlord had no prior notice of any defect in the stairs. There had been no complaints. Tenant said she had seen 20 to 25 loose stairs in the building's staircases during the five years she lived there, but couldn't say whether any of them were in the area where she fell. She had never noticed any defect in that portion of the staircase where she fell, although she used it every day.

Lance v. Den-Lyn Realty Corp.: NYLJ, 5/9/11, p. 20, col. 3 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Acosta, DeGrasse, Romn, JJ)

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