Trial Required on Tenant's Slip-and-Fall Claim

June 30, 2002

LVT Number: 15926

Tenant sued landlord for negligence after she slipped and fell in her apartment hallway. She claimed that she noticed after she fell that the floor was wet and that the super apparently had just mopped. In pretrial questioning, tenant made some inconsistent statements about the details of the accident. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Even if tenant's inconsistent statements raised questions about her credibility, her claim raised questions of fact that required a trial.

Tenant sued landlord for negligence after she slipped and fell in her apartment hallway. She claimed that she noticed after she fell that the floor was wet and that the super apparently had just mopped. In pretrial questioning, tenant made some inconsistent statements about the details of the accident. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Even if tenant's inconsistent statements raised questions about her credibility, her claim raised questions of fact that required a trial.

Alvarez v. NYCHA: NYLJ, 6/24/02, p. 18, col. 4 (App. Div.1 Dept.; Buckley, JP, Rosenberger, Lerner, Rubin, Marlow, JJ)

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