Practice point: The Appellate Division affirmed dismissal of the complaint in this action where plaintiff alleges injuries when he fell while ascending a two-step configuration that led from a corridor to restrooms in premises owned or operated by the various defendants. Plaintiff relied on code provisions that do not require handrails or uniform riser heights on the stairs on which plaintiff fell, as they are not part of an "interior stair," pursuant to Administrative Code of City of NY § 27-232.
In addition, plaintiffs' expert's assertion that safe industry practice required handrails and uniform riser heights on the steps is conclusory, as it was not supported by reference to specific and applicable standards or practices.
Student note: Given the inapplicability of the code provisions cited, plaintiffs' cross motion to amend or supplement the bill of particulars was denied.
Case: Hernandez v. Callen, NY Slip Op 09638 (1st Dep't 2015)
Here is the decision.
Tomorrow's issue: Standing in a mortgage foreclosure action.
