Tenant Claims Landlord Responsible for Slip-and-Fall

Tenant sued landlord for negligence after she slipped and fell in the building’s “garbage room.” The court granted landlord’s request to dismiss the case without a trial. Tenant appealed, and the case was reopened. There was a genuine question as to whether landlord had actual or constructive notice of liquid tenant claimed was present on the floor of the garbage room when she fell. Although landlord showed that it neither created, nor had actual notice of, the claimed condition, it failed to show that it didn't have constructive notice, because it produced no evidence proving when the area was last inspected and cleaned prior to the accident.

Korn v. Parkside Harbors Apartments, LLC: 2015 NY Slip Op 09071, 2015 WL 8234022 (App. Div. 2 Dept.; 12/9/15; Dillon, JP, Hall, Cohen, Barros, JJ)