Sylvia B. slipped and fell while descending a poorly lit stairway which lacked a handrail. When the landlord asked that the personal-injury case be thrown out, the Richmond County Supreme Court granted that request, and an appeal ensued.
Because there were triable issues of fact as to whether a handrail was statutorily required at the location where the plaintiff fell, and whether its absence was the “proximate cause” of her injuries, the Appellate Division, Second Department, reversed. (It felt that the case should proceed to trial.)
Guess who was railing at that?
To view a copy of the Appellate Division’s decision, please use this link: B. v. Baywood Realty LLC