Opinion
May 5, 1998
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
None of the Industrial Code provisions invoked by plaintiff, namely, 12 NYCRR 8-2.15 and 12 N.Y.CRR former 16.2 (e), former 16.5 (a) and former 16.8 (d), require that trap doors be equipped with a movable railing when open, and the out-of-possession landlord cannot otherwise be held liable for an accident arising out of the negligent use of a trap door where, as here, there is no showing of any structural defect, (see, Brown v. Weinreb, 183 A.D.2d 562).
Concur — Lerner, P. J., Nardelli, Wallach, Rubin and Mazzarelli, JJ.