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KELLMAN v. 45 TIEMANN ASSOCS., INC.

213 A.D.2d 151 (1995)

622 N.Y.S.2d 958

Dawn Kellman, Respondent, v. 45 Tiemann Associates, Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 2, 1995

Assuming arguendo that all statutory and regulatory provisions concerning fire escapes since 1929 had to have been and were complied with, questions of fact exist which preclude summary judgment concerning defendant-appellant's alleged violation of its common law duty to maintain its premises in a reasonably safe condition (see, Basso v Miller, 40 N.Y.2d 233). A jury may still find, under the circumstances, that even if the...

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