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FANT v. MAYER

250 A.D.2d 355 (1998)

672 N.Y.S.2d 684

James Fant, Appellant, v. Nancy B. Mayer, Respondent and Third-Party Plaintiff, et al., Defendants. Sonny Aurora et al., Third-Party Defendants-Respondents

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

May 5, 1998

None of the Industrial Code provisions invoked by plaintiff, namely, 12 NYCRR 8-2.15 and 12 NYCRR former 16.2 (e), former 16.5 (a) and former 16.8 (d), require that trap doors be equipped with a movable railing when open, and the out-of-possession landlord cannot otherwise be held liable for an accident arising out of the negligent use of a trap door where, as here, there is no showing of any structural defect (see, Brown v Weinreb, 183 A.D...

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