Landlord May Be Responsible for Trip on Step

A visitor to landlord's building sued landlord after she overstepped a step at the building entrance and fell. The visitor claimed that the length of the step in relation to the door was insufficient. Landlord claimed that it wasn't responsible for the visitor's injuries and asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, and the case was reopened. It was undisputed that the door leaf, or swing of the door, extended beyond the length of the step. So landlord failed to show that this condition didn't violate NYC Admin. Code Section 2-271(h), which requires that the floor on both sides of all exit and corridor doors be at least equal to the width of the door leaf. Landlord also hadn't established that there was no causal connection between the violation and tenant's fall. And although landlord had leased the building to the city, it retained control over the building. Both landlord and the city could be held responsible, and a trial was needed to determine the facts.

Denermark v. 2857 West 8th Street Associates: Index No. 9884/09, NYLJ No. 1202627912795 (App. Div. 2 Dept.; 11/15/13; Rivera, JP, Balkin, Chambers, Sgroi, JJ)