Opinion
2012-01-19
Flavia CASTILLO, Plaintiff–Appellant, v. AKDENIZ REALTY, LLC, et al., Defendants–Respondents.
The Law Office of Yana Rubin, LLC, New York (Yana Rubin of counsel), for appellant. Barry McTiernan & Moore, New York (David H. Schultz of counsel), for respondents.
The Law Office of Yana Rubin, LLC, New York (Yana Rubin of counsel), for appellant. Barry McTiernan & Moore, New York (David H. Schultz of counsel), for respondents.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about November 30, 2010, which, insofar as appealed from, granted defendants' motion for summary judgment dismissing so much of the complaint as is premised upon violations of the New York City Building Code, unanimously affirmed, without costs.
Plaintiff seeks damages for injuries she sustained when she slipped and fell on the stairway outside the front door of defendants' premises. As a matter of law, Administrative Code of City of N.Y. § 27–375 does not apply to these exterior stairs because the stairs were not “used as exits in lieu of interior stairs” pursuant to § 27–376 ( see Gaston v. New York City Hous. Auth., 258 A.D.2d 220, 695 N.Y.S.2d 83 [1999] ). “Exit” is defined as “[a] means of egress from the interior of a building to an open exterior space” (Administrative Code § 27–232). This stairway “was outside the parameters of the building [and] did not provide a means of egress from the interior of the building to an open exterior space” ( Gaston, 258 A.D.2d at 224, 695 N.Y.S.2d 83).