No Proof of Defects in Lobby Floor or Carpet

Tenant sued landlord for damages after she was injured in her apartment building. Tenant tripped and fell on a recessed vestibule carpet in the lobby. The carpet was set and glued into a shell and surrounded by a marble floor. She claimed that her shoe got caught on the area where the carpet and the marble floor met, that her foot came out of her shoe, and that she fell forward and landed on the right side of her face on the concrete sidewalk outside the front door. The trial court ruled for tenant and awarded her $250,000 for past pain and suffering, along with $400,000 for future pain and suffering. Landlord appealed and won. There was no proof that landlord created or had actual or constructive notice of any defective condition related to the carpet. And tenant failed to prove that landlord created a dangerous condition. The damages were revoked and the case dismissed.

Ashton v. EQR-140 Riverside A, LLC: 2013 NY Slip Op 23385, 2013 WL 6085222 (App. T. 1 Dept.; 11/14/13; Lowe III, PJ, Shulman, Hunter Jr., JJ)