Furthermore, although it is undisputed that the handrails on the stairway were too short to comply with the Building Code, this does not warrant the denial of defendant’s motion. Plaintiff slipped immediately upon placing her foot on the stairway, and never attempted to find or hold the handrail. Thus, any violation of the Building Code was not a proximate cause of her fall (see Ridolfi v Williams, 49 AD3d 295 [1st Dept 2008]). Concur— Tom, J.P, Andrias, Saxe, DeGrasse and Manzanet-Daniels, JJ.
Robinson v. 156 Broadway Associates, LLC
952 N.Y.2d 445
N.Y. App. Div.2012Check TreatmentAI-generated responses must be verified and are not legal advice.
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