Slip-and-Fall on Staircase

Tenant sued landlord for negligence after she slipped and fell on a staircase in the building. Landlord asked the court to dismiss the case because tenant hadn't shown that landlord had notice of any condition requiring repair. The court ruled for landlord. Tenant appealed and lost. At the trial, tenant proved that it had snowed the day before tenant's accident and that the snowfall had ended more than 11 hours before tenant fell. Tenant also showed that there was snow on the ground outside and that the pavement was wet. Also, tenant presented some proof that landlord was aware that water was being tracked into the lobby and that the stairs also might be wet. So there was sufficient proof to submit to the jury the question of whether landlord should have known that there was a defective condition and taken corrective action. The case was sent back for a new trial.

Kormusis v. Jeffrey Gardens Apt. Corp.: NYLJ, 7/10/06, p. 38, col. 1 (App. Div. 2 Dept.; Florio, JP, Miller, Goldstein, Lunn, JJ)