Tenant Slipped While Carrying Bucket of Water from Leak

Tenant sued landlord for negligence after she slipped and fell in her apartment. Tenant was carrying a bucket of water that had accumulated because of a leak in the bedroom ceiling and lost her balance. The floor was dry, and tenant didn't slip on any water. Tenant was six months pregnant at the time and claimed that her baby was born prematurely as a result of landlord's failure to fix the leak. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part, finding that there was no negligence but that tenant might have claims for breach of the lease and breach of the warranty of habitability. Landlord appealed and won. Even if landlord didn't fix the leak, this wasn't the cause of tenant's fall and injuries. So there was no breach of the lease or of the warranty of habitability.

Barragan v. Mathai: 677 NYS2d 157 (1998) (App. Div. 2 Dept.; Bracken, JP, Thompson, Sullivan, Pizzuto, JJ)