Tenant's Child Injured When Cart Collapsed in Laundry Room

November 24, 2015

LVT Number: #26641

Tenant sued landlord for negligence. Her child was injured when a shopping cart carrying the child on top of tenant’s laundry collapsed after the cart’s wheel caught in an open drain in her building’s laundry room. The court granted landlord’s request to dismiss the case without a trial. The appeals court ruled for tenant and reopened the case. There was a question of fact was to whether landlord had notice of a claimed dangerous condition consisting of a missing drain cover in the laundry room.

Tenant sued landlord for negligence. Her child was injured when a shopping cart carrying the child on top of tenant’s laundry collapsed after the cart’s wheel caught in an open drain in her building’s laundry room. The court granted landlord’s request to dismiss the case without a trial. The appeals court ruled for tenant and reopened the case. There was a question of fact was to whether landlord had notice of a claimed dangerous condition consisting of a missing drain cover in the laundry room. A trial was needed to determine if landlord was responsible for the child’s injuries. 

 

 

 
Dylan P. v. Webster Place Associates: 2015 NY Slip Op 07600, 2015 WL 6134096 (App. Div. 1 Dept.; 10/20/15; Tom, JP [dissenting], Sweeny, Andrias, Moskowitz, Gische, JJ)

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