Slip-and-Fall on Outdoor Staircase

Tenant sued landlord for negligence. Tenant slipped and fell on the wet, slippery top step of an outdoor staircase at the building. Tenant claimed that landlord didn't properly maintain the staircase. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. During pretrial questioning, landlord showed that he neither created nor had notice of the supposedly dangerous condition. While tenant claimed that runoff water from an air conditioner on the building's roof, plus inadequate lighting and negligent construction, caused the condition, she submitted no proof to support this claim.

Acheson v. Shepard: NYLJ, 3/27/06, p. 43, col. 4 (App. Div. 2 Dept.; Crane, JP, Santucci, Spolzino, Dillon, JJ)