Tenant Slipped on Water in Stairwell

June 30, 2001

LVT Number: 15070

Tenant sued landlord for negligence after she slipped and fell on water in the building's stairwell. Landlord asked the court to dismiss the case. Landlord claimed that it had no notice of any water condition in the stairwell. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant claimed that there was water in the stairwell every time it rained. So there was a question as to whether landlord knew or should have known that this condition existed. A trial was needed to determine the facts.

Tenant sued landlord for negligence after she slipped and fell on water in the building's stairwell. Landlord asked the court to dismiss the case. Landlord claimed that it had no notice of any water condition in the stairwell. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant claimed that there was water in the stairwell every time it rained. So there was a question as to whether landlord knew or should have known that this condition existed. A trial was needed to determine the facts.

David v. NYCHA: NYLJ, 6/14/01, p. 19, col. 3 (App. Div.1 Dept.; Nardelli, JP, Williams, Ellerin, Lerner, Saxe, JJ)

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