Tenant Claims She Fell in Bathroom Due to Falling Tiles

March 23, 2016

LVT Number: #26781

Tenant sued landlord for negligence after she fell in her bathroom. Tenant claimed that she fell because of tiles falling off the bathroom wall. The court denied landlord’s request to dismiss the case. Landlord appealed and lost. There were questions of fact that required a trial as to whether landlord had notice of the claimed dangerous condition. Tenant claimed that she had gone to the building super and complained about the tiles a number of times before the accident. Landlord’s general manager also stated that he was unaware whether landlord received any complaints.

Tenant sued landlord for negligence after she fell in her bathroom. Tenant claimed that she fell because of tiles falling off the bathroom wall. The court denied landlord’s request to dismiss the case. Landlord appealed and lost. There were questions of fact that required a trial as to whether landlord had notice of the claimed dangerous condition. Tenant claimed that she had gone to the building super and complained about the tiles a number of times before the accident. Landlord’s general manager also stated that he was unaware whether landlord received any complaints.

 

 
Rios v. 1146 Ogden LLC: 2016 NY Slip Op 01420, 2016 WL 732132 (App. Div. 1 Dept.; 2/25/16; Friedman, JP, Sweeny, Saxe, Gische, JJ)

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