Trial Required on Trip-and-Fall Claim

April 30, 2004

LVT Number: 17276

Tenant sued landlord for negligence after she tripped and fell on a stairway in landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. There was a question of fact about whether the stairway was dangerously defective. Tenant described the stairway as broken or rotted, with a hole on the top or edge about three inches in height and a foot long, surrounded by rust. And photographs of the condition also presented questions.

Tenant sued landlord for negligence after she tripped and fell on a stairway in landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. There was a question of fact about whether the stairway was dangerously defective. Tenant described the stairway as broken or rotted, with a hole on the top or edge about three inches in height and a foot long, surrounded by rust. And photographs of the condition also presented questions.

Collazo v. Concourse One Co.: NYLJ, 4/29/04, p. 24, col. 1 (App. Div. 1 Dept.; Nardelli, JP, Saxe, Ellerin, Lerner, JJ)

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