Landlord Wasn't Negligent in Maintaining Stairway

Tenant sued landlord after she slipped and fell on what she claimed was a defective interior stairway located in her apartment. Tenant claimed that the risers and treads of the stairs weren't built in accordance with the NYC Building Code. After a jury trial, the court ruled against tenant, and tenant asked the court to reconsider certain points. The jury found that landlord wasn't negligent in failing to keep the interior stairs in a reasonably safe condition. Tenant argued that this finding went against the weight of the evidence. She also claimed that she didn't get a fair trial because of certain improper comments by landlord's attorney and a series of incorrect evidentiary rulings.

The court ruled against tenant. Even if the trial evidence undisputedly demonstrated that the stairs didn't strictly comply with the Building Code, the jury was free to consider all the proof and find that the stairs were reasonably safe. And there was no misconduct of landlord's attorney that was so wrongful that it resulted in any injustice or undue influence of the jury. The parties received substantial justice.

Hollander v. Hilzenrath: Index No. 520016/2016, 2020 NY Slip Op 34096(U)(Sup. Ct. Kings; 12/10/20; Sweeney, J)