No Proof Landlord Knew of Tenant's Plumbing Problem

Tenant sued landlord for negligence. Tenant slipped and fell as she got out of bed one morning. She claimed she slipped on dirty water that had overflowed from her toilet during the night. She said landlord knew or should have known about the plumbing problem. Landlord asked the court to dismiss the case without trial, claiming it had no knowledge of any problem and questioning tenant's version of what happened. The court ruled against landlord, finding that tenant raised questions of fact. An engineer, another tenant, and tenant's attorney had all submitted statements supporting tenant's claim. Landlord appealed and won. Landlord stated that there were no maintenance records for service to tenant's toilet and there was no proof of a recurring plumbing problem in the building. Tenant's engineer never inspected tenant's apartment, tenant's attorney had no personal knowledge of the facts, and statements by other tenants that he had plumbing problems weren't relevant. There was insufficient proof to raise any question of fact.

Lopez v. Crotona Ave. Assocs., LP: NYLJ, 4/25/07, p. 25, col. 6 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Sullivan, Nardelli, Buckley, JJ)