Tenant's Mother Fell on Garbage in Stairwell

July 31, 2001

LVT Number: 15140

Tenant's mother sued landlord for negligence after she slipped and fell on garbage in a building stairwell. Landlord asked the court to dismiss the case without a trial, claiming that it had no notice of the condition. The court ruled for landlord, and tenant's mother appealed. The appeals court ruled for her and reopened the case. Tenant's mother testified in pretrial questioning that she had been to the building eight to 10 times recently before the accident and that the same conditions were present.

Tenant's mother sued landlord for negligence after she slipped and fell on garbage in a building stairwell. Landlord asked the court to dismiss the case without a trial, claiming that it had no notice of the condition. The court ruled for landlord, and tenant's mother appealed. The appeals court ruled for her and reopened the case. Tenant's mother testified in pretrial questioning that she had been to the building eight to 10 times recently before the accident and that the same conditions were present. Landlord's managing agent testified that he inspected the stairwell at least once a week. So landlord had notice of the condition. Tenant's case could go forward.

Simoni v. Cruger Assocs.: NYLJ, 7/30/01, p. 23, col. 1 (App. Div.1 Dept.; Nardelli, JP, Mazzarelli, Ellerin, Saxe, Buckley, JJ)

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