OFFICER RECEIVES A $700,000 SETTLEMENT FROM A PRIVATE BUILDING OWNER AFTER SLIPPING AND FALLING ON A WET STAIRCASE WHILE CONDUCTING A VERTICAL CANVASS

A New York City Police Officer was seriously injured when, while investigating a 10-39, she slipped and fell on wet steps while descending the staircase leading from the building’s roof. The Officer had conducted a vertical canvass of the building and found the building’s roof door open. After checking the roof, she began to walk down the stairs when she slipped on water. The Officer injured her wrist which necessitated several surgeries. She was subsequently awarded a ¾ line-of-duty accidental disability pension. An investigation of the subject premises revealed the door leading to the roof was misaligned, unsecured and the “door closer” was broken. The marble steps of the subject staircase were also broken and loose with puddles of urine and drug paraphernalia sprewn all over the steps. The skylight above the staircase was leaking causing water on the staircase. The lighting conditions were also poor. DCD sued the building owner pursuant to GML §205-e alleging the building owner violated Sections 27-1020, 27-1021, 27-1023(a)(b) and 28-301.1 of the New York City Administrative Code. The defendant denied any liability and filed a motion to dismiss claiming they didn’t have any notice of any of the conditions which attributed to the officer’s injuries. Joseph L. Decolator successfully, in defending the motion, presented photographs of the staircase and sworn testimony of the parties to demonstrate a genuine issue of fact. At a pre-trial mediation, Dominic DiPrisco settled the case for $700,000.

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