Tenant Claims He Slipped on Water from Leaking Refrigerator

December 1, 2002

LVT Number: 16247

Tenant sued landlord for negligence. He claimed that he slipped and fell on his kitchen floor because water had leaked from the refrigerator. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof that landlord created the condition or that landlord knew or should have known about it. In pretrial questioning, tenant admitted that he had just defrosted the refrigerator and that the floor usually got wet after he did so.

Tenant sued landlord for negligence. He claimed that he slipped and fell on his kitchen floor because water had leaked from the refrigerator. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof that landlord created the condition or that landlord knew or should have known about it. In pretrial questioning, tenant admitted that he had just defrosted the refrigerator and that the floor usually got wet after he did so. This indicated that tenant, not landlord, was responsible for causing the floor to be wet and hazardous.

Dunaif v. Alrose Holding Co., LLC: NYLJ, 11/12/02, p. 18, col. 6 (App. Div.1 Dept.; Mazzarelli, JP, Andrias, Buckley, Sullivan, JJ)

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