Did Missing Handrails in Building Staircase Cause Tenant’s Fall?

Tenant sued landlord for negligence after he slipped and fell on the building staircase. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s injuries. The court ruled for landlord in part, and both sides appealed. The appeals court also ruled for landlord only in part. Landlord didn’t have constructive notice of any wet condition on the staircase. The building’s porter stated that he had inspected the stairs 15 minutes before tenant fell and didn’t observe any wet condition. He also said there had been no prior complaints of wetness on the stairs and the building had a doormat in the vestibule so that people could wipe their feet as they entered. However, there was a question of fact requiring a trial concerning whether the absence of handrails in the staircase, which were required by the city building code, was the cause of tenant’s fall. 

Lee v. Alma Realty Corp.: 44 N.Y.S.3d 440, 2017 N.Y. Slip Op. 00101 (App. Div. 1 Dept.; 1/10/17; Tom, JP, Richter, Saxe, Gische, Gesmer, JJ)