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Plaintiff Did Not Know the Cause of Her Fall/Therefore, There Was an Insufficient Showing of a Connection Between Alleged Building Code Violations and the Fall

The Second Department determined that alleged building code violations concerning the slope of stairs and the height of a handrail were not sufficiently connected to the accident to withstand summary judgment. Plaintiff testified she did not know the cause of her fall down the exterior stairs:

…[Plaintiff] testified that she did not know what caused her to fall and stated that she “pitch[ed]” forward … . … The plaintiff submitted the affidavit of an expert who opined that the subject stairs were built in violation of the New Rochelle Building Code since, inter alia, the steps were sloped forward more than 2% and the handrail was lower than required. However, the plaintiff did not testify that she fell because of the slope of the steps or because she was unable to grasp the handrail due to its height. Consequently, the plaintiff failed to present evidence to connect the alleged building code violations to her fall … . Maglione v Seabreeze By Water Inc, 2014 NY Slip Op 02756, 2nd Dept 4-23-14

 

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