Did Inadequate Lighting Cause Tenant's Fall on Staircase?

Tenant's son sued landlord for negligence. Tenant was hurt after falling in the building stairway in 2009. Tenant died in 2011. Tenant's son claimed that tenant's fall was caused by inadequate stairway lighting. The court denied landlord's request to dismiss the case. Landlord appealed and lost. While the court dismissed claims relating to the stairs' nonuniform treads and risers and lack of handrails, it found that there was a question of fact as to whether the stairway lighting was adequate. The appeals court agreed that pretrial testimony by the building manager and tenant's granddaughter, who lived with tenant, raised factual questions as to whether there was inadequate lighting that caused tenant's fall.

Haibi v. 790 Riverdale Dr. Owners Inc.: Index No. 116364/09, NYLJ No. 1511189318 (App. Div. 1 Dept.; 11/16/17; Tom, JP, Renwick, Singh, Moulton, Andrias [dissenting], JJ)