Tenant’s guest sued landlord for negligence after he fell off the setback roof of the apartment building. The guest claimed that landlord created and maintained a dangerous condition and negligently caused his injuries by failing to install a railing, parapet wall, or fence around the perimeter of the air shaft. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won.
Tenant’s guest sued landlord for negligence after he fell off the setback roof of the apartment building. The guest claimed that landlord created and maintained a dangerous condition and negligently caused his injuries by failing to install a railing, parapet wall, or fence around the perimeter of the air shaft. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. The guest then appealed to New York’s highest court, which ruled for the guest and reopened the case. There were questions of fact as to whether the absence of a protective guard on the setback roof at the 1909 building violated the 1968 and 2008 New York City building codes and whether the accident was foreseeable. A trial was needed to determine whether landlord was liable.
Powers v. 31 E 31 LLC: 2014 NY Slip Op 07084, 2014 WL 5325471 (Ct. App.; 10/21/14; Graffeo, J)
