Tenant Claims Long-Standing Debris Caused Stairway Slip and Fall

Tenant sued landlord for negligence, claiming that she slipped and fell on her apartment building stairway. Tenant said there was a repeated and long-standing hazardous debris condition, including chicken bones, liquid, and napkins. Landlord asked the court to dismiss the case without trial. The court ruled against landlord. In pre-trial questioning, tenant and a neighbor testified that this wasn't the first time that the stairway had been littered with debris. This put landlord's claim that it had no notice of the condition into question. Landlord also failed to offer any proof outlining when and how often the stairs were cleaned and inspected. Testimony by the building super didn't produce any credible proof concerning any specific inspection or stair-cleaning procedure in the area where tenant fell or the date tenant fell. A trial was needed to determine the facts.

Ventura v. Cherry Lane Assets LLC: Index No. 154996/2017, 2020 NY Slip Op 30582(U) (Sup. Ct. NY; 2/27/20; Perry, J)