A fall down the stairs.

Practice point: Plaintiff fell on a backstage staircase to which she had been sent to clean off accumulated debris. Although plaintiff testified that there was "poor lighting" on the staircase where she fell, she testified that she fell because the step was uneven or pitched forward. Thus, plaintiff failed to submit sufficient evidence to raise an issue of fact as to whether the alleged poor lighting was a proximate cause of her fall.

Student note:  Plaintiff's expert's opinion that the stairs violated Administrative Code of the City of New York former §§ 27-127 and 27-128 was unavailing. Those sections merely require that the owner of a building maintain and be responsible for its safe condition, and liability will not be imposed in the absence of a breach of some specific safety provision.

Case: Ortiz v. Rose Nederlander Assoc., Inc., NY Slip Op 01156 (1st Dept. 2013).

Here is the decision.

Tomorrow’s issue: Striking an answer.