Subtenant Injured by Fall from Ladder to Sleeping Loft

Subtenant sued tenant and landlord for negligence. Subtenant fell off an unsecured ladder in the apartment as she was exiting an elevated storage area that tenant had rented to her as a sleeping loft. Landlord asked the court to dismiss the case against landlord. Landlord claimed that it wasn't responsible, because it had no control over the inside of tenant's apartment. The court ruled against landlord. Landlord appealed and lost. The ladder was the only means of getting in and out of the sleeping loft, which was in an opening in the wall. Landlord had given up control of the apartment and wasn't obligated under the lease terms to maintain or repair it. But the lease gave landlord a right of entry, and the sleeping alcove structure may have been a dangerous condition, a structural defect, and a building violation. A trial was needed to determine whether landlord was responsible for this condition.

Bouima v. Dacomi, Inc.: NYLJ, 2/2/07, p. 37, col. 1 (App. Div. 2 Dept.; Krausman, JP, Florio, Lunn, Covello, JJ)