The First Department refused to dismiss the complaint as against defendant-owner of the staircases on which plaintiff's alleged injuries were sustained, in Tavis v. 885 Third Ave. Corp., which was decided on September 13, 2007. Noting that defendant owed a duty of reasonable care to keep the staircases safe, the court found evidence in the record that defendant had hired someone to clean and maintain the staircases, but only during the week and on Sunday evenings. Plaintiff's accident happened on a Saturday, and, on the date of the accident, both sets of stairs were littered with debris and trash and were wet in certain spots.

The court said this raised a fact-question as to the reasonableness of defendant's practice of leaving the staircases, located in a heavily traveled area, uninspected and unattended on weekends, and whether, the debris, trash and wetness were visible and apparent for a period time sufficient to constitute constructive notice.