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TAVIS v. 885 THIRD AVENUE CORPORATION

43 A.D.3d 691 (2007)

841 N.Y.S.2d 305

IRENE TAVIS, Appellant, v. 885 THIRD AVENUE CORPORATION, Respondent, et al., Defendants.

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

Decided September 13, 2007.

Defendant 885 was not entitled to summary judgment. As the owner of the staircases leading down to the subway station located at 53rd Street and Third Avenue, 885 owed a duty of reasonable care to keep the staircases safe (see Tagle v Jakob, 97 N.Y.2d 165, 168 [2001]). Evidence already in the record that 885 had hired defendant Temco to clean and maintain the staircases, but only during the week and on Sunday evenings, that plaintiff...

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