Even though Lydia R. slipped and fell down a dark and slippery internal staircase, the Bronx County Supreme Court still ended up dismissing her case.
Since the landlord hadn't received any complaints about the stairwell's condition, and no building code violations had been issued, the Appellate Division, First Department, agreed that the landlord was free from any liability.
The AD1 didn't think the "smoothness" of the marble stairs was an "actionable defect," and Lydia's additional argument that inadequate lighting caused her fall was undermined by the fact that she hadn't claimed that the accident was due to her inability to see the step.
You gotta take the rough with the smooth.
To view a copy of the Appellate Division's decision, please use this link: R. v. Kahn's Realty Corp.