Tenement Building Didn't Require Second Handrail on Staircase

Tenant sued landlord for negligence after she lost her balance while going down the building’s interior staircase with a heavy shopping cart, and fell down the stairs. Tenant claimed that the absence of a required second handrail caused her fall. Landlord claimed that no second handrail was required and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord showed there was no defective condition. The building was constructed before 1916 and complied with the requirements of applicable Tenement House Law, which required only one handrail on staircases like the one in landlord’s building. Tenant argued that the building was altered in 1931 and therefore was required to comply with the 1916 Building Code. But the 1916 Code didn’t apply to buildings subject to the Tenement House Law, and Multiple Dwelling Law Section 52, which replaced the Tenement House Law, also didn’t require two handrails.

Ndiaye v. NEP West 119th Street LP: 2016 NY Slip Op 08463, 2016 WL 7234907 (App. Div. 1 Dept.; 12/15/16; Sweeny, JP, Renwick, Richter, Manzanet-Daniels, Kapnick, JJ)