Stairway from Sidewalk to Basement Didn't Require Handrails

Commercial tenant's employee sued landlord and its storefront commercial tenant for damages after he slipped and fell on a stairway leading from sidewalk doors into the building basement. A conveyor belt to the basement used to transport deliveries had been installed on top of the stairway by commercial delicatessen tenant 30 years ago. Among other things, the employee claimed that landlord was responsible for his injuries because the sidewalk stairway lacked handrails.

The court ruled against the employee and dismissed his claim. The basement area of the building was accessible by means of an additional interior stairway, which had handrails. The sidewalk stairway was enclosed within two trap doors set into the sidewalk. Past these trap doors, a metal stairway led into the basement. The conveyor belt sat at the top of the stairs and obstructed most of the stairway. The employee claimed that the sidewalk stairway was a defective "interior stair" under 1968 Building Code Section 27-375 and that landlord therefore was responsible for his injuries because the conveyor belt blocked the stairway exit. But the stairway connected to the sidewalk wasn't a "required exit" or "interior stair" within the meaning of the code. It was designed for commercial storage transport.

Bautista v. 85th Columbus Corp.: Index No. 302391/2010, NYLJ No. 1202630756371 (Sup. Ct. Bronx; 11/26/13; Aarons, J)