Refuse on Stairway

Tenant sued landlord for negligence after she fell over a garbage bag in the building's stairway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for trial. Landlord has a duty to maintain the building in a reasonably safe condition. In pretrial questioning, other tenants testified that not only was refuse in the stairwell a repeated condition but that landlord frequently left it there. One tenant stated that she used the stairs daily, that they were generally not clean, and that litter was allowed to accumulate to an uncomfortable level. These statements raised questions of fact as to whether there was a dangerous, ongoing condition in the building.

Irizarry v. 15 Mosholu Four LLC: NYLJ, 1/3/06, p. 29, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Ellerin, Gonzalez, Catterson, JJ)