Tenant Claims Landlord Didn't Clean Stairwell, Causing Slip and Fall

Tenant sued landlord NYCHA for negligence after she slipped and fell on the fourth-floor landing of a stairwell in landlord's 14-story building. She claimed that there was urine on the landing. Landlord's building super stated that he inspected the stairwell, including the fourth-floor landing, within two hours before the accident, and saw no urine on the floor. But after landlord filed a court notice that it was ready for trial, another tenant submitted a sworn statement that she had seen urine on the fourth-floor landing the day before the accident and again the following morning before the accident occurred. Landlord asked the court to rule in its favor without a trial based on evidence in the record and not to consider the neighbor's statement. The court ruled against landlord, who now also wanted to conduct pretrial questioning. Landlord appealed and lost. Landlord couldn't get the benefit of vacating its trial-ready notice while preventing tenant from engaging in further pre-trial discovery.

Santiago v. NYCHA: NYLJ No. 1202671806020 (App. Div. 1 Dept.; 9/29/14)