Bernard v. New York City Housing Authority

Full title: DELIA BERNARD, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1997

239 A.D.2d 187 (N.Y. App. Div. 1997)

657 N.Y.S.2d 898

Opinion

May 1, 1997

Appeal from Supreme Court, New York County (Fern Fisher-Brandveen, J.).

Defendant did not owe plaintiff any duty to install handrails in plaintiff's bathroom. Even assuming that defendant assumed a duty to install bathtub handrails, plaintiff would still have to show that defendant's conduct placed her in a more vulnerable position than she would have been in had defendant done nothing ( see, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 522). There was no such evidence.

Concur — Sullivan, J.P., Milonas, Nardelli, Williams and Mazzarelli, JJ.