You are here: / / Plaintiff Did Not Know the Cause of Her Fall/Therefore, There Was an Insufficient...

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

 

You might also like
Right of Confrontation Not Violated by Results of Tests by Persons Who Were Not Called as Witnesses
STUDENT WAS NOT DEPRIVED OF HIS RIGHT TO HAVE AN ATTORNEY PRESENT AT A COLLEGE DISCIPLINARY HEARING BY THE COLLEGE’S REFUSAL TO ADJOURN THE MATTER FOR THREE HOURS SO THE ATTORNEY COULD ATTEND, STUDENT WAS PROPERLY FOUND RESPONSIBLE FOR THE DISCIPLINARY CHARGES AND WAS PROPERLY EXPELLED (SECOND DEPT).
Children Were Not “Dependent on Court;” They Therefore Did Not Meet Criteria for Statutory Path to Lawful Permanent Residency in US
SEXUAL ASSAULT REFORM ACT, WHICH PROHIBITED PETITIONER FROM LIVING AND TRAVELING WITHIN 1000 FEET OF A SCHOOL, AS APPLIED TO PETITIONER, WAS NOT SHOWN TO BE SUFFICIENTLY PUNITIVE IN CHARACTER AS TO VIOLATE THE EX POST FACTO CLAUSE.
Criteria for Emergency Exception to the Warrant Requirement (Re: Entry of an Apartment) Not Met
Email Acknowledging Debt Raised Question of Fact About Whether Period of Limitations Was Restarted by the Email
THE INSURER IN THIS PERSONAL INJURY CASE DID NOT MEET ITS HEAVY BURDEN TO DEMONSTRATE ITS INSURED’S NON-COOPERATION SUCH THAT THE INSURER WAS NOT OBLIGATED TO INDEMNIFY THE INSURED; CRITERIA EXPLAINED (SECOND DEPT).
Mother Not Given Sufficient Opportunity to Substantiate Her Income

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Allegations of a “Conspiracty to Commit Fraud” Survived a Motion... Question of Fact Raised about Whether Injury at Summer Day Camp Resulted from...