Tenant Trips at Stairwell Threshold

October 31, 2008

LVT Number: #20805

Tenant sued landlord for negligence after she tripped and fell in the building's lobby. Landlord claimed that there was no defective condition and asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. There was conflicting evidence regarding the degree of a difference in height between the door saddle and the stairwell floor. At pretrial questioning, tenant stated that she didn't notice the height difference previously because the door to the stairwell had been closed.

Tenant sued landlord for negligence after she tripped and fell in the building's lobby. Landlord claimed that there was no defective condition and asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. There was conflicting evidence regarding the degree of a difference in height between the door saddle and the stairwell floor. At pretrial questioning, tenant stated that she didn't notice the height difference previously because the door to the stairwell had been closed. Pictures of the area also indicated that the threshold of the lobby and the stairwell was defective. A trial was needed to determine the facts.

Bovino v. J.R. Equities, Inc.: NYLJ, 10/23/08, p. 34, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Catterson, McGuire, Acosta, Renwick, JJ)

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