Tenant Slipped in Stairway

May 31, 1999

LVT Number: 13260

Tenant sued landlord for negligence after she slipped and fell in the building's stairway, which was wet. Tenant claimed that the stairway was often wet. In response to landlord's request that the case be dismissed, tenant further claimed that there were cracks in the ceiling from which water dripped onto the stairway. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. There was no proof of prior notice to landlord of any dangerous condition in the stairway. Notably, tenant hadn't made any claim about ceiling cracks in her original complaint.

Tenant sued landlord for negligence after she slipped and fell in the building's stairway, which was wet. Tenant claimed that the stairway was often wet. In response to landlord's request that the case be dismissed, tenant further claimed that there were cracks in the ceiling from which water dripped onto the stairway. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. There was no proof of prior notice to landlord of any dangerous condition in the stairway. Notably, tenant hadn't made any claim about ceiling cracks in her original complaint.

David v. NYCHA: NYLJ, p. 26, col. 1 (5/4/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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