Trial Needed to Determine Parking Lot Defect

September 30, 2006

LVT Number: 19124

Tenant sued landlord for negligence after she fell in the building's parking lot. The surface area near the building entrance where she fell was cracked. At the time, tenant was carrying her 3-year-old son in her arms and running away from a pit bull dog. Landlord asked the court to dismiss the case without a trial. Landlord claimed that any defect in the parking lot was so minor that it could not have been the cause of tenant's accident. The court ruled for landlord. Tenant appealed and won.

Tenant sued landlord for negligence after she fell in the building's parking lot. The surface area near the building entrance where she fell was cracked. At the time, tenant was carrying her 3-year-old son in her arms and running away from a pit bull dog. Landlord asked the court to dismiss the case without a trial. Landlord claimed that any defect in the parking lot was so minor that it could not have been the cause of tenant's accident. The court ruled for landlord. Tenant appealed and won. A trial was needed to determine whether the crack in the parking lot surface was trivial or had caused tenant's injuries.

Herring v. Lefrak Organization: NYLJ, 9/25/06, p. 35, col. 1 (App. Div. 2 Dept.; Schmidt, JP, Spolzino, Fisher, Lifson, JJ)

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