NIU v. SASHA REALTY LLC

4200. 159128/13.

151 A.D.3d 488 (2017)

2017 NY Slip Op 04550

56 N.Y.S.3d 91

TAO NIU, Respondent, v. SASHA REALTY LLC, Appellant.

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

Decided June 8, 2017.


Plaintiff seeks to recover for injuries he sustained when, as he was descending the staircase from the rooftop of defendants' building, the landing he stepped on collapsed, causing him to fall.

Initially, we note that the 1938 Building Code of City of New York (Administrative Code of City of NY) § C26-292.0 (g) (3) and Multiple Dwelling Law § 52 are inapplicable to this case. Although the subject staircase led to a rooftop, that rooftop was not an "exit...

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