Slope in Floor Was De Minimis Condition

December 15, 2015

LVT Number: #26663

Tenant sued landlord for negligence, claiming that he fell in his apartment because of the sloping condition of the hallway floor, which caused his desk chair to roll. The court granted landlord’s request to dismiss the case. Tenant appealed and lost. Landlord showed that the slope of the apartment floor was a trivial defect, not a trap or dangerous condition. The condition wasn’t dangerous and wasn’t the cause of tenant’s accident.

 

 

 

Tenant sued landlord for negligence, claiming that he fell in his apartment because of the sloping condition of the hallway floor, which caused his desk chair to roll. The court granted landlord’s request to dismiss the case. Tenant appealed and lost. Landlord showed that the slope of the apartment floor was a trivial defect, not a trap or dangerous condition. The condition wasn’t dangerous and wasn’t the cause of tenant’s accident.

 

 

 
DaSilva v. KS Realty, LP: 2015 NY Slip Op 08079, 2015 WL 6739936 (App. Div. 1 Dept.; 11/5/15; Tom, JP, Friedman, Andrias, Gische, Kapnick, JJ)

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