Stairwell Didn't Have Handrails on Both Sides

Tenant sued landlord for negligence after he was injured in a fall in the building stairwell. Tenant claimed that landlord was required by Building Code Section 27-375.515 to have handrails on both sides of the stairwell and failed to do so. This requirement applied if stairwells were more than 44 inches wide, and landlord's stairwell was 54 inches wide. Landlord asked the court to dismiss the case without a trial, arguing that tenant didn't identify any specific condition that caused her fall and it had no notice of any condition that could have caused a fall. The court ruled against landlord. Tenant stated specifically that she fell due to landlord's negligence in failing to maintain the building in a safe condition by not having the second handrail. Landlord submitted no arguments or proof showing that it wasn't negligent. So a trial was needed to determine the facts and whether landlord was negligent.

Wear v. 515 W. 168th LLC: Index No. 104833/08, NYLJ No. 1202555762385 (Sup. Ct. NY; 5/1/12; Scarpulla, J)