Tenant Slipped and Fell on Trash in Stairwell

April 9, 2007

LVT Number: 19412

Tenant sued landlord for negligence after she slipped and fell on trash left in a building stairwell. Landlord asked the court to dismiss the case without a trial, claiming that landlord wasn't responsible. The court ruled against landlord. Landlord appealed and lost. Tenant showed that the garbage and debris in the stairwell was an ongoing problem, and that landlord had been given notice. Since landlord had actual notice of the condition in general, it could be found at trial that it should have known of each specific recurrence of the condition.

Tenant sued landlord for negligence after she slipped and fell on trash left in a building stairwell. Landlord asked the court to dismiss the case without a trial, claiming that landlord wasn't responsible. The court ruled against landlord. Landlord appealed and lost. Tenant showed that the garbage and debris in the stairwell was an ongoing problem, and that landlord had been given notice. Since landlord had actual notice of the condition in general, it could be found at trial that it should have known of each specific recurrence of the condition. A trial was needed to determine the facts.

Brown v. Linden Plaza Housing Co.: NYLJ, 2/2/07, p. 35, col. 1 (App. Div. 2 Dept.; Rivera, JP, Spolzino, Ritter, Angiolillo, JJ)

Topics

More like this