Tenant Slipped on Ice in Parking Lot

Tenant sued landlord for negligence after she slipped and fell in the apartment building parking lot and broke her wrist. The jury awarded no damages for pain and suffering. Tenant asked the court to set aside the verdict and order a new trial. The court agreed to do so unless landlord agreed to pay tenant $120,000 in damages. Landlord refused to do so and appealed. The court ruled against landlord. There was sufficient proof to find negligence, either because landlord didn't arrange adequate snow removal procedures in its maintenance contract or because it had constructive notice of the parking lot freeze-up long enough before tenant's accident to corrected the condition. The amount of damages directed by the lower court was reasonable.

Kotopoulos v. Nathan Hall Gardens, Inc.: NYLJ, p. 26, col. 5 (1/21/97) (App. Div. 1 Dept.; Milonas, Rosenberger, Rubin, Williams, Andrias, JJ)