Landlord Should Have Removed Vertical Ladder Fire Escape Outlawed in 1929

May 18, 2016

LVT Number: #26965

Tenant’s guest sued landlord after she fell from a vertical ladder fire escape at landlord’s building and was rendered paraplegic. The guest had gone out on the fire escape with others to look at the skyline. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Landlord claimed that it wasn’t required to remove and replace the vertical ladder fire escapes that were permitted when added to the building in 1918. The court disagreed.

Tenant’s guest sued landlord after she fell from a vertical ladder fire escape at landlord’s building and was rendered paraplegic. The guest had gone out on the fire escape with others to look at the skyline. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Landlord claimed that it wasn’t required to remove and replace the vertical ladder fire escapes that were permitted when added to the building in 1918. The court disagreed. Multiple Dwelling Law Section 53, enacted in 1929, outlawed vertical ladder fire escapes. A 1948 amendment to MDL Section 53 confirmed that vertical ladder fire escapes were unlawful and must be removed. Modern fire escapes require stairs to connect the platforms at each story. The requirement in the 1948 law to obtain a DOB permit to remove the fire escape didn’t mean that the removal requirement was nullified. 

 

 

Klupchak v. First East Village Associates: Index No. 110617/09, NYLJ No. 1202756320427 (App. Div. 1 Dept.; 4/28/16; Tom, JP, Acosta, Moskowitz, Gische, JJ)

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