Queens New York Slip And Fall Attorney

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CO-OP HELD LIABLE IN SLIP-AND-FALL

In Salah v. 2061 Linc Owners Corp., NYLJ, 8/12/97, p.25, c.2 (Sup. Ct. Queens Co.), a pizza chef slipped while carrying a pot of hot tomato sauce down a stairway from the ground floor to the basement in a commercial space owned by the sponsor. The pizza maker brought suit against the cooperative, the owner of the building, claiming that the building was defective, even though the staircase had been constructed by the sponsor. The court refused to dismiss the case against the cooperative, holding that there was a triable issue of fact as to whether the cooperative had actual or constructive notice of the defects. The cooperative's claims for indemnification against the sponsor were also set down for trial since the cooperative could not produce conclusive proof that the sponsor had agreed to indemnify the cooperative for such claims.

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The cooperative cannot take for granted that the sponsor, as owner of a commercial space that is not a separate condominium unit, but is leased from the cooperative, is properly maintaining or operating the space, and must add such areas to its list of places to inspect on a regular basis.

In addition, the cooperative should review its organic documents to ascertain the extent of any indemnity that may exist on the part of a commercial unit owner. For more information concerning slip and fall accidents, contact our Queens New York Slip and Fall Attorney.