Tenant Slipped on Staircase

Tenant sued landlord for negligence after she slipped and fell on a staircase leading from the lobby to the building's exit. 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. In pretrial questioning, tenant and her mother had stated that garbage frequently accumulated on the staircase over the weekends when it was used by other people drinking and partying. There was also a gap in landlord's cleaning schedule between mid-Sunday afternoon and midMonday morning, and only one janitor worked on the weekends in the building even though there were 112 apartments. So there were questions of fact as to whether landlord knew or should have known of a recurring, dangerous condition, in which case it would be responsible. The case was sent back for a trial.

Lopez v. NYCHA: NYLJ, P. 26, col. 3 (11/16/98) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Williams, Tom, Saxe, JJ)