Ubaldo Garcia-Rosales filed an appeal after the New York County Supreme Court dismissed his personal-injury case and found in the building owner's favor.
Because he was unable to show that his fall was caused by "uneven, narrow steps, low handrails, or non-slip treads," the Appellate Division, First Department, agreed that the landlord wasn't liable for what occurred. (Rather than a structural defect, the accident was apparently triggered by a wet and slippery condition. And this particular owner was an "out of possession" landlord who wasn't contractually obligated to repair or maintain the premises.)
That was neither brave nor bold.
To view a copy of the Appellate Division's decision, please use this link: Garcia-Rosales v. 370 Seventh Ave. Assoc.