Tenant Trips and Falls on Ramp Outside Building

November 24, 2014

LVT Number: #24885

Tenant sued landlord after he tripped and fell over a ramp outside landlord's building. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was reopened. A trial was needed to determine the facts. There was a genuine issue as to whether the unlit ramp was open and obvious, whether landlord lacked notice of any claimed defective condition of the ramp, or whether the tenant's conduct was the sole proximate cause of the accident.

Tenant sued landlord after he tripped and fell over a ramp outside landlord's building. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was reopened. A trial was needed to determine the facts. There was a genuine issue as to whether the unlit ramp was open and obvious, whether landlord lacked notice of any claimed defective condition of the ramp, or whether the tenant's conduct was the sole proximate cause of the accident.

Baron v. 305-323 East Shore Road Corporation: 121 A.D.3d 826, 2014 NY Slip Op 06932 (App. Div. 2 Dept.; 10/15/14; Skelos, JP, Leventhal, Hinds-Radix, Maltese, JJ)

Topics

More like this