No Defect Found in Building Staircase

June 30, 2011

LVT Number: #23497

Tenant sued landlord for injuries after falling on building staircase. Landlord claimed that there was no defect that caused tenant's injury. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Tenant claimed that the condition of the stairs violated the building code, but the 1921 building was governed instead by the Tenement House Law. The claimed violation of the Tenement House Law governing the height of the step risers was not shown to have caused the accident. And there was no proof that a non-skid strip was required on the steps.

Tenant sued landlord for injuries after falling on building staircase. Landlord claimed that there was no defect that caused tenant's injury. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Tenant claimed that the condition of the stairs violated the building code, but the 1921 building was governed instead by the Tenement House Law. The claimed violation of the Tenement House Law governing the height of the step risers was not shown to have caused the accident. And there was no proof that a non-skid strip was required on the steps.

Rivera v. Bilynn Realty Corp.: NYLJ, 6/16/11, p. 29, col. 3 (App. Div. 1 Dept.; Saxe, JP, Acosta, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ)

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