No Proof of Elevator Defect

Tenant sued landlord for negligence after falling in the building’s elevator. Tenant claimed that she slipped on water in the elevator, and that water accumulated there constantly on weekends. Landlord claimed that it had no notice of any hazardous condition and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The appeals court found insufficient proof to raise a question requiring a trial about whether landlord knew or should have known about the claimed condition. Tenant admitted that she never informed landlord of any condition in the elevator. And there was no proof that landlord was notified of any water condition in the elevator from any other source. Tenant also presented no explanation as to what caused the condition or how long it had existed prior to her accident.

Casado v. Oub Houses Housing Co., Inc.: NYLJ, 2/23/09, p. 29, col. 4 (App. Div. 1 Dept.; Tom, JP, Moskowitz, Acosta, Freedman, JJ)