Landlord Not Required to Use Non-Skid Paint in Stairwell

Tenant sued landlord cooperative corporation after he fell down the stairs in the building. He claimed that the steps were painted with high-gloss paint that made them slippery when wet. Tenant argued that non-skid paint should have been used. Landlord and its managing agent claimed that it had no notice of a dangerous condition and hadn't created one. The court ruled against tenant and dismissed the case. Landlord had no actual or constructive notice of a dangerous condition. And tenant failed to prove that any building code provision required that the steps be painted with a particular paint or that landlord didn't follow a generally accepted industry-wide standard for painting the steps.

Blaine v. 304 W. 88th St. Apt. Corp.: Index No. 113702/2009, NYLJ No. 1202571384379 (Sup. Ct. NY; 9/4/12; Gische, J)