Was Landlord Responsible for Slip and Fall?

August 31, 2011

LVT Number: #23594

Tenant’s visitor sued landlord for negligence after he fell in a hallway in the building and injured his shoulder, requiring surgery. The visitor claimed that the building super created a hazardous condition by spraying insecticide in the hall. Landlord asked the court to dismiss the case without a trial. Landlord claimed that the super never performed exterminator duties and that the exterminator didn’t visit the building during the month that the visitor fell. The court ruled against landlord.

Tenant’s visitor sued landlord for negligence after he fell in a hallway in the building and injured his shoulder, requiring surgery. The visitor claimed that the building super created a hazardous condition by spraying insecticide in the hall. Landlord asked the court to dismiss the case without a trial. Landlord claimed that the super never performed exterminator duties and that the exterminator didn’t visit the building during the month that the visitor fell. The court ruled against landlord. Since the visitor claimed that he saw the super spraying the insecticide, a trial was needed to determine the facts.

Coleman v. Fenton Associates LLC: Index No. 111442/2009, NYLJ No. 1202509198564 (Sup. Ct. NY; 7/7/11; York, J)

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