Landlord May Be Responsible for Lack of Stairwell Lighting During Blackout

Facts: During the East Coast power blackout on Aug. 14-15, 2003, tenant's friend was unable to return home after work and stayed at tenant's fourth-floor apartment. A building employee led the way up to the fourth floor by holding a flashlight in the stairwell. The next morning, the power was still out. Tenant and her friend started down the stairwell without a flashlight. The friend tried to tap her foot to feel for the first step but fell forward and broke her hand and wrist. The friend sued landlord, claiming negligence. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed, arguing that MDL Section 37(2) states that if the lights go out without landlord's knowledge or consent, landlord isn't responsible.

Court: The appeals court ruled against landlord. MDL Section 37(2) isn't the applicable law in this case. MDL Section 37(3) requires that every light in a windowless staircase be kept burning continuously. A trial was needed to determine whether landlord took enough measures to maintain the building's emergency stairwell lighting.

Kopsachilis v. 130 East 18 Owners Corp.: NYLJ, 9/24/07, p. 30, col. 4 (App. Div. 1 Dept.; Tom, JP, Marlow, Williams, Gonzalez, Catterson, JJ)