Tenant Slipped and Fell on Snow in Front of Building

March 19, 2014

LVT Number: #25363

Injured tenant sued landlord NYCHA after she slipped and fell in snow outside the apartment building. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. There were genuine questions of fact as to whether landlord created the condition tenant complained about, and a meteorologist's report was insufficient proof that landlord lacked constructive knowledge of the condition. Tenant claimed that snow and ice sat on the sidewalk in front of the building for four days after NYCHA's employees had piled it up onto the curb.

Injured tenant sued landlord NYCHA after she slipped and fell in snow outside the apartment building. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. There were genuine questions of fact as to whether landlord created the condition tenant complained about, and a meteorologist's report was insufficient proof that landlord lacked constructive knowledge of the condition. Tenant claimed that snow and ice sat on the sidewalk in front of the building for four days after NYCHA's employees had piled it up onto the curb. Landlord also failed to show when the area where tenant fell was last inspected. And the report of the meteorologist addressed only general conditions in the area of the building rather than the specific conditions tenant complained about.

Perez v. NYCHA: 114 A.D.3d 586, 2014 NY Slip Op 01271 (App. Div. 1 Dept.; 2/25/14; Sweeny, JP, Andrias, Moskowitz, DeGrasse, J)

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