First Department Affirms Summary Judgment in NYC Exterior Staircase Slip‑and‑Fall—No Notice of Defect
NY Slip Op 00042 | 1st Dept 2016
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 6, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established entitlement to judgment as a matter of law, in this action for personal injuries arising out of plaintiff’s fall on an exterior stairway attached to defendants’ building. The stairway was an “integral” part of the building and therefore subject to Multiple Dwelling Law § 78, which requires that “every…stairway…shall be kept in good repair”. Since plaintiff did not raise an issue of fact as to whether defendants had actual or constructive notice of the defective condition, defendants were entitled to summary judgment (see Perez v. Bronx Park S. Assoc., 81 A.D.3d 513, 517 [1st Dept 2011]; Colon v. Fresh Direct, Inc., 99 A.D.3d 585 [1st Dept 2012]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
