Were Landlord and Laundry Room Operator Responsible for Tenant's Slip-and-Fall?

Tenant sued landlord and its washing machine vendor for negligence after she was injured in a slip-and-fall in the building's laundry room. Tenant claimed that the accident was the result of a chronic accumulation of liquid that was permitted to accumulate and remain on the laundry room floor for an unreasonable period of time.  Landlord and the vendors each asked the court to dismiss claims against them without trial. The court denied these requests. The issue in this case was whether the wet conditions contributing to tenant's slip-and-fall were caused by leaking washing machines or by other means, such as water dripping from clothing as tenants moved items from the washers to the dryers. Under its license agreement with landlord, the vendor was responsible for indemnifying landlord from costs arising from "the use, conduct or management of any portion" of the laundry room. Since it hadn't been determined what caused the wet conditions, the court couldn't determine at this point whether the indemnity clause was triggered. 

Welliver v. T-C the Colorado, LLC: Index No. 155126/2014, 2024 NY Slip Op 31591(U)(Sup. Ct. NY; 5/6/24; d'Auguste, J)