Was Landlord Responsible for Tenant's Slip and Fall on Ice?

Ulster County tenant sued landlord for negligence after she slipped and fell on a patch of ice on the single exterior step between the sidewalk and a small porch in front of her apartment door. Following pre-trial questioning, landlord asked the court to dismiss the case without trial. The court ruled for landlord.

Tenant appealed and the case was reopened. Although tenant's lease made tenant responsible for removal of snow and ice from her apartment entrance, tenant claimed that landlord was negligent in its maintenance of the roof and gutter system, which allowed melting snow and ice to drip into her step. Tenant argued that this created the hazardous condition that caused her fall. Tenant claimed that this condition was present and could have been discovered by landlord for at least several days before her accident. Here, the roof wasn't accessible or available for tenant use, and the building exterior may have been under landlord's control. Landlord had replaced the roof and gutter system since it bought the building.

So there were questions of fact as to landlord's responsibility for the ice condition that barred dismissal of tenant's claim without trial. 

Harkins v. Tuma: Index No. 528677, 2020 NY Slip Op 01245 (App. Div. 3 Dept.; 4/2/20; Garry, PJ, Lynch, Mulvey, Aarons, Reynolds Fitzgerald, JJ)