Trial Required on Visibility of Hazard

April 30, 2002

LVT Number: 15771

Tenant sued landlord for negligence after slipping and falling on a defective step in the building. Landlord claimed that it had no notice of the claimed defect and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. There was conflicting evidence regarding whether the stair hazard was visible and how long it had been there before tenant's accident. So a trial was needed to determine whether landlord had notice of the condition.

Tenant sued landlord for negligence after slipping and falling on a defective step in the building. Landlord claimed that it had no notice of the claimed defect and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. There was conflicting evidence regarding whether the stair hazard was visible and how long it had been there before tenant's accident. So a trial was needed to determine whether landlord had notice of the condition.

Jones v. NYCHA: NYLJ, 4/25/02, p. 18, col. 2 (App. Div.1 Dept.; Williams, PJ, Mazzarelli, Saxe, Lerner, Marlow, JJ)

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