Tenant Slipped on Puddle

December 1, 1998

LVT Number: 12804

Tenant sued landlord for negligence after she slipped on a puddle of water in front of the building's elevator. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant didn't show that the puddle she slipped on as she was leaving the building was one of the puddles she had seen when she came into the building 20 to 25 minutes earlier.

Tenant sued landlord for negligence after she slipped on a puddle of water in front of the building's elevator. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant didn't show that the puddle she slipped on as she was leaving the building was one of the puddles she had seen when she came into the building 20 to 25 minutes earlier. So tenant couldn't prove that the puddle she slipped on had been there for long enough that the landlord should have known about it and removed the dangerous condition.

Puryear v. NYCHA: NYLJ, p. 26, col. 5 (1/13/98) (App. Div. 1 Dept.; Sullivan, 113, Rosenberger, Wallach, Andrias, JJ)

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