Tenant Slipped on Ice Patch

November 1, 1999

LVT Number: 13621

Tenant sued landlord for negligence after she slipped on an ice patch during a snowfall. Tenant claimed that the ice was there before the snowfall and that landlord hadn't properly cleared it. Landlord claimed that this was unlikely, since it had been fairly warm for most of that month. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Two witnesses had confirmed tenant's claim that the ice had been on the sidewalk in front of landlord's building for at least a week before the snowfall.

Tenant sued landlord for negligence after she slipped on an ice patch during a snowfall. Tenant claimed that the ice was there before the snowfall and that landlord hadn't properly cleared it. Landlord claimed that this was unlikely, since it had been fairly warm for most of that month. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Two witnesses had confirmed tenant's claim that the ice had been on the sidewalk in front of landlord's building for at least a week before the snowfall. So there was a question of fact as to what the conditions were and whether landlord was responsible for not clearing the sidewalk before tenant was injured. The case was sent back for a trial.

Ralat v. NYCHA: NYLJ, p. 24, col. 2 (10/12/99) (App. Div.1 Dept.; Sullivan, JP, Tom, Mazzarelli, Rubin, Friedman, JJ)

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