Tenant Tripped on Broken Asphalt

April 30, 2003

LVT Number: 16511

Tenant sued landlord for negligence after she tripped on broken asphalt on the outside of a gate on a walkway on the grounds of landlord's building. Tenant claimed the asphalt pavement was broken and in bad condition. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Whether the sidewalk defect was sufficiently hazardous that landlord was liable, was a question of fact that required a trial.

Tenant sued landlord for negligence after she tripped on broken asphalt on the outside of a gate on a walkway on the grounds of landlord's building. Tenant claimed the asphalt pavement was broken and in bad condition. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Whether the sidewalk defect was sufficiently hazardous that landlord was liable, was a question of fact that required a trial.

Tineo v. Parkchester South Condominium: NYLJ, 4/14/03, p. 19, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Sullivan, Ellerin, Friedman, Gonzalez, JJ)

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