Tenant Not Responsible for Subtenant's Slip-and-Fall

July 13, 2019

LVT Number: #30209

Subtenant sued landlord and tenant for negligence based on injuries she suffered when she fell on the apartment building's interior concrete staircase. The court denied tenant's request to dismiss any of the subtenant's claims against him. The court ruled against tenant, who appealed and won. Tenant didn't own the building and didn't have exclusive possession or control of the staircase. Tenant himself was merely permitted to use that area in common with other tenants and had no right or obligation to maintain the staircase. 

Subtenant sued landlord and tenant for negligence based on injuries she suffered when she fell on the apartment building's interior concrete staircase. The court denied tenant's request to dismiss any of the subtenant's claims against him. The court ruled against tenant, who appealed and won. Tenant didn't own the building and didn't have exclusive possession or control of the staircase. Tenant himself was merely permitted to use that area in common with other tenants and had no right or obligation to maintain the staircase. 

Knight v. 177 West 26 Realty LLC: Index No. 2017-01929 (4261/13), 2019 NY Slip Op 04685 (App. Div. 2 Dept.; 6/12/19; Scheinkman, PJ, Chambers, Austin, Duffy, JJ)

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