Tenant Fell in Snow in Front of Building

February 1, 2002

LVT Number: 15574

Tenant sued landlord for negligence after she slipped and fell on snow in front of landlord's building. Landlord claimed that it didn't have to clear snow and ice during a storm in progress and, so, wasn't liable. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant's expert witness on weather conditions stated that the overnight snowstorm had ended several hours before tenant fell at 9:00 a.m. The building super also had been summoned earlier in the morning.

Tenant sued landlord for negligence after she slipped and fell on snow in front of landlord's building. Landlord claimed that it didn't have to clear snow and ice during a storm in progress and, so, wasn't liable. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant's expert witness on weather conditions stated that the overnight snowstorm had ended several hours before tenant fell at 9:00 a.m. The building super also had been summoned earlier in the morning. So there were questions of fact as to whether landlord had made proper efforts to clear the sidewalk in front of the building before tenant's accident. This required a trial.

Powell v. MLG Hillside Assocs., LP: NYLJ, 1/28/02, p. 18, col. 2 (App. Div.1 Dept.;Wallach, JP, Lerner, Rubin, Buckley, Friedman, JJ)

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