Was Landlord Responsible for Slip and Fall on Icy Sidewalk?

Tenant sued landlord for negligence, after she slipped and fell on ice on the sidewalk in front of her building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. There were questions of fact that required a trial. Although it was snowing when tenant fell, there were conflicting expert statements as to the weather conditions that existed on the day of and days prior to the accident. It was unclear whether the ice that tenant claimed caused the accident was formed before the storm or was being created by the precipitation from the storm in progress. There also were questions as to whether landlord had notice of the claimed condition before the accident.

Mike v. 91 Payson Owners Corp.: 114 A.D.3d 420, 2014 NY Slip Op 00605 (App. Div. 1 Dept.; 2/4/14; Mazzarelli, JP, Acosta, Saxe, Moskowitz, JJ)