Tenant Slipped and Fell on Stairway

Tenant sued landlord for negligence. Tenant was injured when he slipped on a liquid in the stairway of the building at 1:00 p.m. on New Year's Day. Tenant claimed that there had been a New Year's Eve party in the building's common area, that he had seen debris from the party in the stairway nine hours earlier, and that the building super had attended the party. Another witness confirmed tenant's statement. Landlord claimed that it wasn't responsible for the condition in the stairway and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. The situation described by tenant raised questions of fact about whether landlord knew or should have known about the conditions created in the building by the party. A trial was needed to determine if landlord was responsible.

Torres v. Jeremias: NYLJ, 5/21/01, p. 33, col. 1 (App. Div.2 Dept.; O'Brien, JP, Friedman, Feuerstein, Cozier, JJ)