Tenant's Guest Fell from Roof

Tenant's guest sued landlord for negligence after falling from building roof in Albany. He was made quadriplegic from the injuries. Landlord asked the court to rule in its favor without a trial, and the court refused. Landlord appealed, and the appeals court ruled for landlord. Guest then appealed, and the state's highest court reversed and sent the case back for trial. The guest had gotten access to the roof through tenant's bedroom window; tenant had never asked for permission to use the roof, but was never told he couldn't use it. There were factual questions as to whether landlord had taken reasonable care to prevent use of or access to the roof, whether it was foreseeable that people might use the roof, whether landlord's failure to install any railing or parapet on the roof was a building violation, and whether building alterations and repairs violated fire and building codes.

Lesocovich v. 180 Madison Avenue Corp.: 599 NYS2d 526 (5/4/93) (Ct. App.; Kaye, CJ, Simons, Titone, Hancock, Bellacosa, Smith, JJ)