Did Landlord Have Notice of Defective Bannister?

Tenant sued landlord for negligence after she was injured on staircase in landlord's building. Tenant claimed the cause of her injuries was a defective bannister. Tenant asked the court to find landlord responsible without holding a trial. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. There was some question as to whether landlord had notice of the separation of the stairway handrail from the newel post. Also, while tenant claimed that this condition violated the Multiple Residence Law, there was some question whether this law applied to landlord's building. A trial was needed to decide whether landlord was liable for tenant's injuries.

Vega v. Hastings Partners: NYLJ, p. 29, col. 2 (3/10/98) (App. Div. 2 Dept.; Rosenblatt, JP, Miller, Ritter, Krausman, JJ)