Trial Required on Slip and Fall Claims

January 1, 2004

LVT Number: 17080

Tenant sued landlord for negligence after she slipped and fell on ice while going up the stairway to her second-floor apartment. Tenant claimed that landlord had actual notice of the icy condition and sufficient time to clear it but didn't do so. Tenant asked the court to find landlord responsible without a trial. Landlord claimed that there were questions of fact concerning whether tenant's conduct contributed to her fall. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. There were fact issues that required a trial.

Tenant sued landlord for negligence after she slipped and fell on ice while going up the stairway to her second-floor apartment. Tenant claimed that landlord had actual notice of the icy condition and sufficient time to clear it but didn't do so. Tenant asked the court to find landlord responsible without a trial. Landlord claimed that there were questions of fact concerning whether tenant's conduct contributed to her fall. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. There were fact issues that required a trial.

Carrithers v. Delagera: NYLJ, 12/18/03, p. 36, col. 4 (App. Div. 2 Dept.; Altman, JP, Florio, Luciano, Rivera, JJ)

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