Tenant Slipped on Contractor's Drop Cloth

June 30, 2000

LVT Number: 14214

Tenant sued landlord for negligence. She was injured when she tripped over a drop cloth placed on the floor of her apartment hallway by landlord's painting contractors. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The drop cloth didn't create a hidden and dangerous condition. Also, the drop cloth wasn't the actual cause of tenant's fall. Tenant admitted she knew the drop cloth was there, but wasn't looking at the time she fell.

Tenant sued landlord for negligence. She was injured when she tripped over a drop cloth placed on the floor of her apartment hallway by landlord's painting contractors. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The drop cloth didn't create a hidden and dangerous condition. Also, the drop cloth wasn't the actual cause of tenant's fall. Tenant admitted she knew the drop cloth was there, but wasn't looking at the time she fell.

Martinez v. Trustees of Columbia University: 706 NYS2d 386, 2000 (App. Div.1 Dept.; Williams, JP, Tom, Saxe, Buckley, Friedman, JJ)

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