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Vassos v. Argo Mgt. Co.

Appellate Term of the Supreme Court of New York, Second Department
Dec 22, 2004
2004 N.Y. Slip Op. 51687 (N.Y. App. Term 2004)

Opinion

2004-42 Q C.

Decided December 22, 2004.

Appeal by defendants Argo Management Co. and Argo Management Co., LLC, from an order of the Civil Court, Queens County (A. Agate, J.), entered October 1, 2003, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Order unanimously affirmed with $10 costs.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.


Plaintiff was injured when she slipped in a premises owned by appellants. Although she attempted to grab something as she fell, she was unsuccessful as there was no handrail in the stairway.

Even though appellants are out-of-possession landlords, because the lease granted them the right to enter the demised premises "for the purpose of complying with laws, regulations and other directions of governmental authorities," they may be held liable for the plaintiff's injuries if a structural defect or a violation of a statutory duty was a proximate cause of plaintiff's injuries ( see Guzman v. Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559). A review of the record on appeal indicates that an issue of fact exists as to whether the subject stairway required a handrail ( see Administrative Code of the City of New York §§ 27-232; 27-375 [f]), thereby precluding summary disposition of this action ( see e.g. Taylor v. City of New York, 150 Misc 2d 528, 530 [App Term, 2d 11th Jud Dists 1991]).

To the extent appellants claim that, as a matter of law, the absence of a handrail, even if one was required by statute, was not a proximate cause of plaintiff's injuries, such an argument lacks merit ( see Kanarvogel v. Tops Appliance City, 271 AD2d 409; Hotzoglou v. Hotzoglou, 221 AD2d 594; Lattimore v. Falcone, 35 AD2d 1069; see also Hyman v. Queens County Bancorp., 307 AD2d 984, 987; cf. Deebs v. Rich-Mar Realty Assocs., 248 AD2d 185).


Summaries of

Vassos v. Argo Mgt. Co.

Appellate Term of the Supreme Court of New York, Second Department
Dec 22, 2004
2004 N.Y. Slip Op. 51687 (N.Y. App. Term 2004)
Case details for

Vassos v. Argo Mgt. Co.

Case Details

Full title:AFRODITE VASSOS, Respondent, v. ARGO MANAGEMENT CO., ARGO MANAGEMENT CO.…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 22, 2004

Citations

2004 N.Y. Slip Op. 51687 (N.Y. App. Term 2004)