Wednesday, August 6, 2014

Bad weather, a bad fall, and a bad result for the injured plaintiff.

Practice point:  A property owner is not obligated to provide a constant remedy to the problem of water being tracked into a building during inclement weather, and has no obligation to cover all of its floors with mats or to continuously mop up all moisture resulting from tracked-in precipitation.

Here, both the owner and the tenant established their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against each of them. They each presented evidence that they had not created the alleged defective condition, and the owner also presented evidence that it had neither actual nor constructive notice of the alleged defective condition, namely., the alleged presence of water on the vestibule floor of the subject building. In opposition, the plaintiff failed to raise a triable issue of fact.

Student note:  A tenant ordinarily owes no duty of care with respect to a dangerous condition in the building's common areas.

Case:  Paduano v. 686 Forest Ave., LLC, NY Slip Op 05415 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: An oral contract and taxi medallions.