Tenant Slipped on Water Puddle in Hallway

April 30, 1996

LVT Number: 10546

Tenant sued landlord NYCHA for negligence, claiming that she slipped on a water puddle in the building hallway. 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 presented no proof that landlord created the puddle; landlord had no record of cleaning performed on that day. Similarly, tenant didn't prove that landlord knew or should have known that there was a water puddle in the hallway. Tenant's statements were also inconsistent.

Tenant sued landlord NYCHA for negligence, claiming that she slipped on a water puddle in the building hallway. 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 presented no proof that landlord created the puddle; landlord had no record of cleaning performed on that day. Similarly, tenant didn't prove that landlord knew or should have known that there was a water puddle in the hallway. Tenant's statements were also inconsistent. For example, at one point she stated that it was water; later she said she didn't know what the substance was.

Lancaster v. NYC Housing Authority: NYLJ, p. 27, col. 1 (4/8/96) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Rubin, Kupferman, Williams, JJ)

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