Tenant Slipped on Building Staircase

December 1, 2007

LVT Number: #20031

Tenant sued landlord, claiming that he slipped and fell in the building's exterior staircase. After pretrial questioning, landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. During pretrial questioning tenant failed to explain what had caused his fall. In opposition to landlord's request to dismiss the case, tenant then made statements clearly contradicting the statements he made during pretrial questioning. The court didn't believe tenant, and he didn't raise any issue of fact that required a trial.

Tenant sued landlord, claiming that he slipped and fell in the building's exterior staircase. After pretrial questioning, landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. During pretrial questioning tenant failed to explain what had caused his fall. In opposition to landlord's request to dismiss the case, tenant then made statements clearly contradicting the statements he made during pretrial questioning. The court didn't believe tenant, and he didn't raise any issue of fact that required a trial.

Fernandez v. Heimann: NYLJ, 11/19/07, p. 27, col. 4 (App. Div. 1 Dept.; Friedman, JP, Sullivan, Buckley, Malone, JJ)

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