No Handrail on Stairway

January 1, 2005

LVT Number: 17791

Tenant sued landlord for negligence after she slipped in landlord's building. She tried to grab something as she fell, but there was no handrail in the stairway. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it had no control of the building because it was net leased to another entity. The court ruled against landlord. Landlord appealed and lost. The lease gave landlord the right to enter the building to comply with laws, regulations, and other governmental directions. So landlord had a duty to prevent or repair structural defects.

Tenant sued landlord for negligence after she slipped in landlord's building. She tried to grab something as she fell, but there was no handrail in the stairway. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it had no control of the building because it was net leased to another entity. The court ruled against landlord. Landlord appealed and lost. The lease gave landlord the right to enter the building to comply with laws, regulations, and other governmental directions. So landlord had a duty to prevent or repair structural defects. Whether a handrail was required in the stairway was a fact question that required a trial.

Vassos v. Argo Mgmt. Co., LLC: NYLJ, 12/30/04, p. 31, col. 3 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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