Tenant Slipped on Icy Stoop

November 1, 1999

LVT Number: 13620

Tenant sued landlord for negligence after she slipped on ice on the stoop of her building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Within an hour of a storm, and shortly before tenant slipped, landlord had cleared a path down the front steps of the building. So there was a factual question as to whether landlord's snow and ice removal created a dangerous condition or increased the hazard. The case was sent back for a trial.

Tenant sued landlord for negligence after she slipped on ice on the stoop of her building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Within an hour of a storm, and shortly before tenant slipped, landlord had cleared a path down the front steps of the building. So there was a factual question as to whether landlord's snow and ice removal created a dangerous condition or increased the hazard. The case was sent back for a trial.

Haggerty v. Mangano: 693 NYS2d 133 (1999) (App. Div.1 Dept.; Sullivan, JP, Nardelli, Tom, Wallach, JJ)

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