BAEZ v. BARNARD COLL.

23080/2001

2008 NY Slip Op 28429

OSVALDO BAEZ, Plaintiff v. BARNARD COLLEGE, Defendant

Supreme Court of the State of New York, Bronx County.

Decided May 7, 2008.


Attorney(s) appearing for the Case

Stavros Sitinas Esq., Wingate, Russotti, & Shapiro, New York, NY, for Plaintiff.

Marci Mitkoff Esq., Marshall, Conway, Wright & Bradley, New York, NY, for Defendant.


LUCY BILLINGS, J.

I. INTRODUCTION

The trial of this action and defendant's pending motion have required the court to determine whether appellate decisions, that a trap door is not in itself a structural defect, and the absence of any statutory or regulatory provision governing trap doors insulate a building owner from liability for injury to a tenant's employee who fell through the building's trap door. This controlling authority, to the extent discernible...

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