CONTI v. KIMMEL


255 A.D.2d 201 (1998)

680 N.Y.S.2d 90

Catrina Conti, Appellant, v. Edward A. Kimmel et al., Respondents

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

November 17, 1998


Plaintiff's expert testified that the closed trap door was not structurally defective. The door became unsafe only after it was left in an open position. In these circumstances, the out-of-possession landlord cannot, as a matter of law, be held liable for plaintiff's injuries (Brown v Weinreb, 183 A.D.2d 562). Plaintiff's presently asserted claims relying on former provisions of the New York State Industrial Code (12 NYCRR 16.2 ...

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