In Saffore v. Fasinro , Sherin Saffore sued Abdulakeem Fasinro, her daughter's landlord, for injuries suffered when Saffore slipped in her daughter's kitchen.
Fasinro testified at a deposition that the only water-related problem he knew of was a toilet leak which was immediately fixed. He claimed not to have received any other complaints of a water condition prior to the alleged incident, and uncovered no leaks during his yearly inspection. He also didn't observe any water when he was told about the accident a week later. However, Saffore insisted that her daughter continuously complained about water leakage in the unit.
When the Bronx County Supreme Court dismissed the case, an appeal to the Appellate Division, Fist Department, followed.
Because the landlord didn't have notice of the alleged water condition, the AD1 refused to find Fasinro liable for Saffore's injuries.
The appellate court concluded there had been no complaints of an alleged water leak before the accident occurred. And without an affidavit, or deposition testimony by her daughter, buttressing the notice-related assertion, Saffore's case couldn't continue.
In other words, Saffore's case suffered a leak.
For a copy of the Appellate Division's decision, please use this link: Saffore v. Fasinro