Trial Required on Landlord's Liability for Slip-and-Fall on Icy Sidewalk

June 30, 2000

LVT Number: 14211

A pedestrian sued landlord for negligence after slipping and falling on snow and ice on a sidewalk in front of landlord's building. The incident took place four days after a severe snowstorm in January 1996. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and the pedestrian appealed. The appeals court ruled for the pedestrian and reopened the case. There was a question as to whether landlord's efforts to clear a path in front of the building made the snow and ice conditions worse than they were. If so, landlord could be liable.

A pedestrian sued landlord for negligence after slipping and falling on snow and ice on a sidewalk in front of landlord's building. The incident took place four days after a severe snowstorm in January 1996. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and the pedestrian appealed. The appeals court ruled for the pedestrian and reopened the case. There was a question as to whether landlord's efforts to clear a path in front of the building made the snow and ice conditions worse than they were. If so, landlord could be liable. A trial was needed to determine the facts.

Rugova v. Holland Ave. Apt. Corp.: NYLJ, 6/1/00, p. 26, col. 6 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Nardelli, Ellerin, Wallach, JJ)

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