Visitor Fell on Stairs in Apartment

March 1, 1998

LVT Number: 12150

A visitor to tenant's apartment sued landlord for negligence after she fell on stairs in the apartment. After a jury trial, the court ruled against visitor. The visitor appealed, claiming that landlord was responsible for her injury under the Multiple Dwelling Law. The appeals court ruled against the visitor. Multiple Dwelling Law section 52, which the visitor relied on, applied only to stairs located in common areas of residential buildings built after April 18, 1929, or altered after 1951.

A visitor to tenant's apartment sued landlord for negligence after she fell on stairs in the apartment. After a jury trial, the court ruled against visitor. The visitor appealed, claiming that landlord was responsible for her injury under the Multiple Dwelling Law. The appeals court ruled against the visitor. Multiple Dwelling Law section 52, which the visitor relied on, applied only to stairs located in common areas of residential buildings built after April 18, 1929, or altered after 1951. Landlord's building was originally built in 1865 and was converted to a residential building in 1950. The visitor also didn't prove that the stairs needed repair.

Kowalski v. Johnson: NYLJ, p. 32, col. 2 (2/25/98) (App. Div. 2 Dept.; Joy, JP, Krausman, Goldstein, Luciano, JJ)

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