Tenant Fell on Broken Step

December 16, 2013

LVT Number: #25208

Tenant sued landlord NYCHA for damages after he was injured at landlord's building. Landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, and the case was reopened. Although tenant made a statement that the accident might have been caused by accumulated ice on an outdoor stairway, his initial claim stated that the accident was caused by a broken step. This raised a question as to what caused the accident.

Tenant sued landlord NYCHA for damages after he was injured at landlord's building. Landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, and the case was reopened. Although tenant made a statement that the accident might have been caused by accumulated ice on an outdoor stairway, his initial claim stated that the accident was caused by a broken step. This raised a question as to what caused the accident. But, given the storm-in-progress doctrine, landlord wasn't responsible for failure to remove any snow or ice at the building at the time of the accident.

Muhammad v. NYCHA: 111 A.D.3d 513, NY Slip Op 07664 (App. Div. 1 Dept.; 11/19/13; Mazzarelli, JP, Saxe, Moskowitz, DeGrasse, Gische, JJ)

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