Tenant Slipped and Fell in Stairway

January 1, 2005

LVT Number: 17789

Tenant sued landlord for negligence after she slipped and fell in the building's stairway. Tenant claimed that there was urine in the stairway. In pretrial questioning, tenant stated that she hadn't previously seen urine in the stairway and she didn't know how long the condition had existed. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Other tenants stated that within the past two years, they had complained of debris and urine in the stairway.

Tenant sued landlord for negligence after she slipped and fell in the building's stairway. Tenant claimed that there was urine in the stairway. In pretrial questioning, tenant stated that she hadn't previously seen urine in the stairway and she didn't know how long the condition had existed. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Other tenants stated that within the past two years, they had complained of debris and urine in the stairway. So there was a question of fact as to whether landlord had notice of a dangerous, ongoing condition. A trial was required.

Perez v. Mekulovic: NYLJ, 12/16/04, p. 25, col. 5 (App. Div. 1 Dept.; Nardelli, JP, Saxe, Ellerin, Gonzalez, Catterson, JJ)

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