Was Landlord Responsible for Tenant's Slip and Fall in Driveway?

February 24, 2021

LVT Number: #31250

Tenant sued landlord for damages after he slipped and fell on ice in the driveway of landlord's house. The court denied landlord's request to dismiss the case without trial following pretrial questioning and document production. Landlord appealed and lost. Landlord's claim that it didn't notice any ice condition on the driveway the night of the accident was insufficient to overcome questions of whether he was responsible. And landlord now sought to have tenant undergo a second neurological exam after tenant had issued its notice of readiness to proceed to trial.

Tenant sued landlord for damages after he slipped and fell on ice in the driveway of landlord's house. The court denied landlord's request to dismiss the case without trial following pretrial questioning and document production. Landlord appealed and lost. Landlord's claim that it didn't notice any ice condition on the driveway the night of the accident was insufficient to overcome questions of whether he was responsible. And landlord now sought to have tenant undergo a second neurological exam after tenant had issued its notice of readiness to proceed to trial. The court also properly denied this request.

Jablonsky v. Nerlich: 2020 NY Slip Op 08048, NYLJ, 1/5/21, p. 21, col. 6 (App. Div. 2 Dept.; 12/30/20; Chambers, JP, Hinds-Radix, Lasalle, Wooten, JJ)

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