Gary Vidor was injured after he slipped and fell on some loose tiles in the lobby of a building owned by 6 Jones Street.
When he later filed suit, Vidor claimed that the landlord had "constructive" notice of the defect, but the New York County Supreme Court didn't agree, and the case was thrown out.
Although the super hadn't observed any problems, and wasn't aware of any defects, Vidor and his daughter both swore that the condition was observable. Since it wasn't clear whether the condition was readily visible or discoverable, the Appellate Division, First Department, thought a trial was in order.
They sure laid that down.
To view a copy of the Appellate Division's decision, please use this link: Vidor v. 6 Jones St. Assoc., LLC