Trial Required on Whether Inadequate Lighting Contributed to Accident

May 31, 2004

LVT Number: 17343

Tenant sued landlord for negligence after her child slipped and fell on a building staircase. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant claimed that the stairs were wet and cluttered with paper debris and that this was a repeated condition. There was no proof showing how long this condition supposedly went on. So there was no issue of fact to be tried on that question. However, there was a question as to whether inadequate lighting in the stairwell contributed to the accident.

Tenant sued landlord for negligence after her child slipped and fell on a building staircase. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant claimed that the stairs were wet and cluttered with paper debris and that this was a repeated condition. There was no proof showing how long this condition supposedly went on. So there was no issue of fact to be tried on that question. However, there was a question as to whether inadequate lighting in the stairwell contributed to the accident. So a trial was needed to address that issue.

Green v. NYCHA: NYLJ, 5/10/04, p. 27, col. 2 (App. Div. 1 Dept.; Tom, JP, Saxe, Lerner, Marlow, Gonzalez, JJ)

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