Trial Court Improperly Dismissed Tenant's Slip-and-Fall Lawsuit

March 10, 2020

LVT Number: #30674

Tenant sued landlord for negligence after he slipped and fell on the floor of an apartment building lobby. The trial court ruled against tenant and dismissed the case. Tenant appealed, and the case was reopened. Tenant showed that landlord had constructive notice of water on the floor of the building lobby. He testified that, at least four times before his accident, he observed water leaking from the ceiling onto the floor in the area where he fell. His former girlfriend, who had lived with him in the apartment, also testified about the prior condition.

Tenant sued landlord for negligence after he slipped and fell on the floor of an apartment building lobby. The trial court ruled against tenant and dismissed the case. Tenant appealed, and the case was reopened. Tenant showed that landlord had constructive notice of water on the floor of the building lobby. He testified that, at least four times before his accident, he observed water leaking from the ceiling onto the floor in the area where he fell. His former girlfriend, who had lived with him in the apartment, also testified about the prior condition. This testimony showed an ongoing and recurring dangerous condition that was routinely left unaddressed by landlord. The trial court also unfairly precluded testimony of the building super, called to testify on tenant's behalf. Late notice of this witness shouldn't have surprised landlord, since he was landlord's employee at the time of the accident. The case was sent back for a new trial.

Monzac v. 1141 Elder Towers LLC: Index Nos. 11064, 307395/13, 2020 NY Slip Op 01243 (App. Div. 1 Dept.; 2/20/20; Gische, JP, Webber, Oing, Singh, JJ)

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