Was Landlord Responsible for Pedestrian's Slip-and-Fall Outside Building?

June 26, 2020

LVT Number: #30836

Pedestrian, who was injured in a slip-and-fall in the snow in front of landlord's building, sued landlord for negligence. The court granted landlord's request to dismiss the case without a trial.  Landlord claimed that a storm was in progress at the time of the accident, and the pedestrian admitted in pretrial testimony that it was snowing when he fell. The pedestrian appealed, and the case was reopened. There were issues of fact that required a trial.

Pedestrian, who was injured in a slip-and-fall in the snow in front of landlord's building, sued landlord for negligence. The court granted landlord's request to dismiss the case without a trial.  Landlord claimed that a storm was in progress at the time of the accident, and the pedestrian admitted in pretrial testimony that it was snowing when he fell. The pedestrian appealed, and the case was reopened. There were issues of fact that required a trial. The sworn report of his meteorological expert concluded that, at the time of the accident, no snow was falling, and three inches of preexisting snow was on the sidewalk. 

Herrera v. Vargas: Index No. 11577, 302090/15, 2020 NY Slip Op 03082 (App. Div. 1 Dept.; 5/28/20; Renwick, JP, Richter, Manzanet-Daniels, Singh, Moulton, JJ)

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