Was Landlord Responsible for Slip and Fall in Lobby?

Tenant sued NYCHA for negligence after she slipped and fell in her building lobby. It had rained all day, and she claimed that there was always a problem with tracked-in water in the building lobby. Landlord claimed that it had no actual or constructive notice of any dangerous condition. NYCHA said only that the super mopped the floor in the mornings and maybe after 4 p.m. if a hazardous condition was noticed. Although tenant had been out of the building for five hours before she returned home at 9 p.m., landlord failed to show that tenant had no proof of how long the condition existed before the accident. A trial was needed to determine if landlord was responsible for tenant's injury.

Belik v. NYCHA: Index No. 115589/2005, NYLJ No. 1202537449779 (Sup. Ct. NY; 12/6/11; Wooten, J)