Landlord Not Responsible for Tenant's Death

Tenant sued landlord for wrongful death after her husband fell down the building staircase and died. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court refused. Landlord appealed. Tenant's husband was found dead at the bottom of a staircase connecting the first floor and second floor, where tenants lived. His wife didn't see the accident and didn't know why tenant fell. There was no light on in the hallway when the accident happened. The wife claimed that she previously had complained to landlord that the third step of the staircase would move downward when pressure was applied. But the husband usually wore glasses, and wasn't wearing them when his body was found. He also had a history of seizures. The appeals court ruled for landlord. There was no evidence connecting the claimed unsafe condition to tenant's fall, and a jury could only speculate as to what caused it.

Aguilar v. Anthony: 2011 NY Slip Op 00168, 2011 WL 106528 (App. Div. 2 Dept.; 1/11/11; Angiolillo, JP, Eng, Belen, Lott, JJ)