Is Landlord Responsible for Child's Fall from Staircase?

Tenant sued landlord for negligence after her child fell over a railing on a landing to a set of stairs outside the building. Landlord claimed that it wasn't responsible for the child's injuries and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled that claimed violations didn't apply to exterior stairs and general housing maintenance code provisions requiring landlord to keep the building in a safe condition weren't specific enough to create a statutory basis for liability. But there were questions of fact that required a trial. Landlord hadn't shown that it neither created nor had notice of an unsafe condition on the stairs.

Friedman v. 1753 Realty Co.: 2014 NY Slip Op 03480, 2014 WL 1910396 (App. Div. 2 Dept.; 5/14/14; Skelos, JP, Sgroi, Cohen, LaSalle, JJ)