Tenant Slipped on Stairwell

June 30, 1995

LVT Number: 9809

Tenant sued landlord for negligence after slipping and falling in building stairwell. The court dismissed the case without trial and tenant appealed. The appeals court reversed and reopened the case. Tenant and a neighbor submitted sworn statements which indicated that landlord had actual knowledge of vagrants congregating and urinating in the stairwell. This raised a question of fact as to whether landlord knew of a recurring dangerous condition. A trial was needed to decide whether landlord was liable.

Tenant sued landlord for negligence after slipping and falling in building stairwell. The court dismissed the case without trial and tenant appealed. The appeals court reversed and reopened the case. Tenant and a neighbor submitted sworn statements which indicated that landlord had actual knowledge of vagrants congregating and urinating in the stairwell. This raised a question of fact as to whether landlord knew of a recurring dangerous condition. A trial was needed to decide whether landlord was liable.

Torres v. NYC Housing Authority: 625 NYS2d 536 (1995) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Kupferman, Asch, Mazzarelli, JJ)

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