In Ram v. 64th Street-Third Ave. Assoc., LLC , Trevor Ram reached up to turn off a ceiling fan and was injured by the revolving blades.
Ram later sued 64th Street for negligence because the fan was situated in a parking garage which 64th Street had leased out to his employer.
When the New York County Supreme Court granted 64th Street's request to dismiss the case, an appeal to the Appellate Division, First Department, followed.
Since the governing lease required the garage "to keep all fixtures in good working order and to make any nonstructural repairs at its own expense," the AD1 saw 64th Street as an "out-of-possession landlord," who wasn't liable for any hazards the fan created.
Moreover, any purported violations of New York City's Administrative Code (relating to installation and operation of HVAC systems) were inapplicable since the fan wasn't "ducted or connected to the building's air distribution system."
The AD1 certainly gave it to Ram!
To view a copy of the Appellate Division's decision, please use this link: Ram v. 64th Street-Third Ave. Assoc., LLC