Opinion
March 2, 1998
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly identified numerous issues of fact that preclude an award of judgment as a matter of law in this negligence case. Most significantly, there is an issue of fact concerning whether the defendants had notice of the separation of the stairway handrail from the newel post (see, Wormer v. Barr, 231 A.D.2d 838; Baldino v. Long Is. R. R., 216 A.D.2d 262; Weiser v. Gumowitz, 209 A.D.2d 509). Furthermore, while the plaintiff alleges that the condition of the staircase was dilapidated in general and that it was in violation of Multiple Residence Law § 132, the plaintiff has not demonstrated that the requirements of the Multiple Residence Law are even applicable to the defendants' building (see, Multiple Residence Law § 11). Accordingly, the Supreme Court properly denied the plaintiff's motion.
The plaintiff's remaining contentions are without merit.
Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.