No Proof Water Leaks Caused Slip and Fall

Tenant's mother sued landlord for negligence after she slipped and fell on water in the kitchen of tenant's apartment. She claimed that there was a leak from the apartment upstairs that caused water to drip on the floor. In pretrial questioning, landlord stated that about three months before the accident, tenant complained about a leak. Landlord discovered that the toilet upstairs had overflowed, and the next day shut off the water long enough to clear a clogged pipe. Landlord received no further complaints from tenant. About a week before the accident, he performed a yearly apartment inspection and saw no leaks. Tenant told him about the accident about a week after it occurred. Landlord then entered the apartment again and saw no water or wetness. After pretrial questioning was complete, landlord asked the court to dismiss the case without a trial. The court ruled for landlord.
Tenant's mother appealed and lost. Landlord's pretrial testimony showed that he didn't have notice of any condition that caused tenant's mother to slip and fall. In pretrial questioning, tenant's mother claimed that her daughter again complained to landlord about water leaks. But tenant didn't submit any sworn statement to this effect and didn't appear for pretrial questioning. So tenant had insufficient proof to raise a question of fact requiring a trial.

Saffore v. Fasinro: NYLJ, 2/26/09, p. 33, col. 5 (App. Div. 1 Dept.; Andrias, JP, Sweeny, McGuire, DeGrasse, JJ)