Opinion
February 17, 1998
Appeal from the Supreme Court, Dutchess County (Hillary, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiffs' contention, neither Multiple Dwelling Law § 52 nor § 78 is applicable to the facts of this case, in which the injured plaintiff fell on stairs in the apartment of the defendants Dorothy Hernandez Carpenter and Duane D. Carpenter. Multiple Dwelling Law § 52 applies to stairs located in common areas of residential buildings which were either built after April 18, 1929, or altered after 1951 ( see, Multiple Dwelling Law § 52, [8]). The subject building was originally built in 1865; and was converted to a residential building in 1950, and the stairway in which the injured plaintiff slipped and sustained injuries is within an apartment in the building. Multiple Dwelling Law § 78 (1) applies to repairs, and the plaintiffs failed to show any defects in the subject stairway that needed repair ( see, Mankowski v. Two Park Co., 225 A.D.2d 673, 674). Accordingly, the court's denial of their request to charge the jury on these statutory sections was not error.
The plaintiffs' contention that the court should have charged the jury as to the New York State Uniform Fire-Prevention and Building Code ( see, Executive Law § 377; 9 N.Y.CRR 600 et seq.) is also unavailing ( see, Cole v. Emunah Gen. Contr., 227 A.D.2d 877).
Finally, absent any indication of confusion, the court did not improvidently exercise its discretion in refusing to recharge the jury on the law of negligence without a request from the jury for such an instruction ( see, Nelson v. City of New Rochelle, 154 A.D.2d 661; cf., Bender v. Nassau Hosp., 99 A.D.2d 744, 746-747).
Joy, J. P., Krausman, Goldstein and Luciano, JJ., concur.