Trial Required in Slip and Fall Case

February 1, 2005

LVT Number: 17856

Tenant's daughter slipped and fell in a building staircase between the second floor and the lobby. The daughter said that the stairs were wet and that water was leaking from the ceiling and dripping onto the steps. Landlord claimed that it had no notice of the condition and asked the court to dismiss the case. The court ruled for landlord. Tenant appealed and won. Landlord submitted conflicting statements as to which employee was at the building and in charge of repairs. So a trial was needed to determine the facts.

Tenant's daughter slipped and fell in a building staircase between the second floor and the lobby. The daughter said that the stairs were wet and that water was leaking from the ceiling and dripping onto the steps. Landlord claimed that it had no notice of the condition and asked the court to dismiss the case. The court ruled for landlord. Tenant appealed and won. Landlord submitted conflicting statements as to which employee was at the building and in charge of repairs. So a trial was needed to determine the facts.

Bowie v. 2377 Creston Realty, LLC: NYLJ, 1/31/05, p. 24, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Marlow, Ellerin, Nardelli, JJ)

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