Opinion
5902 Index 159014/14
03-06-2018
Charles CONKLIN, Plaintiff–Respondent, v. 500–512 SEVENTH AVENUE, LP, LLC, Defendant–Appellant.
LeClair Ryan, P.C., New York (Michael J. Case of counsel), for appellant. Law Offices of Stevens & Traub, PLLC, New York (Peter Pearson Traub, Jr. of counsel), for respondent.
LeClair Ryan, P.C., New York (Michael J. Case of counsel), for appellant.
Law Offices of Stevens & Traub, PLLC, New York (Peter Pearson Traub, Jr. of counsel), for respondent.
Friedman, J.P., Tom, Webber, Kern, JJ.
Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered August 16, 2017, which granted plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
Plaintiff, a handyman employed by defendant's managing agent, was injured when the landing of a metal staircase in the sub-basement of defendant's building collapsed under him, causing him to fall about 20 feet to the cement floor below. Plaintiff established prima facie that defendant had constructive notice of the defective condition of the stairs by submitting photographs showing the staircase covered in rust, and evidence that defendant had no program of inspection for the staircase and had never inspected it in the 27 years preceding the accident (see Hayes v. Riverbend Hous. Co., Inc., 40 A.D.3d 500, 501, 836 N.Y.S.2d 589 [1st Dept. 2007], lv denied 9 N.Y.3d 809, 844 N.Y.S.2d 784, 876 N.E.2d 513 [2007] ; Serna v. 898 Corp., 90 A.D.3d 560, 934 N.Y.S.2d 704 [1st Dept. 2011] ). In opposition, defendant failed to raise an issue of fact as to constructive notice.
We note that stairs do not ordinarily collapse absent negligence, and plaintiff did not contribute to the happening of the accident.
We have considered defendant's remaining arguments and find them unavailing.