Tenant Can Sue Landlord Again for Second Slip and Fall

February 14, 2015

LVT Number: #25964

Tenant sued upstate landlord based on injuries she suffered in a slip and fall at her apartment. Landlord asked the court to dismiss the case without a trial because tenant had signed a release in a prior court settlement against landlord. The court ruled against landlord, who appealed and lost. Although the language was unclear, the release signed in the prior court case related only to injuries suffered in a first slip and fall at the apartment. Tenant's new lawsuit concerned a second slip and fall that occurred later, and the release didn't bar the new lawsuit.

Tenant sued upstate landlord based on injuries she suffered in a slip and fall at her apartment. Landlord asked the court to dismiss the case without a trial because tenant had signed a release in a prior court settlement against landlord. The court ruled against landlord, who appealed and lost. Although the language was unclear, the release signed in the prior court case related only to injuries suffered in a first slip and fall at the apartment. Tenant's new lawsuit concerned a second slip and fall that occurred later, and the release didn't bar the new lawsuit.

Abdulla v. Gross: 2015 NY Slip Op 00036, 2015 WL 25353 (App. Div. 4 Dept.; 1/2/15; Cenra, JP, Fahey, Sconiers, Whalen, DeJoseph, JJ)

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