PLAINTIFF FELL THROUGH OPEN TRAPDOOR IN LEASED PREMISES, DOOR WAS NOT DEFECTIVE, NO BASIS FOR LIABILITY OF BUILDING OWNER.

The Second Department determined the building owner’s motion for summary judgment in this slip and fall case should have been granted. The property was leased by a restaurant. Plaintiff fell through an open trapdoor. The trapdoor functioned properly and the fact that the trap door may have been installed without a permit did not raise a question of fact about the owner’s liability:

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The trapdoor itself was not defective or unsafe when closed, but allegedly became unsafe only upon being left open … . This is the case even assuming the truth of the plaintiffs’ allegation of a statutory violation based upon the installation of the trapdoor without a permit … . Accordingly, under the circumstances of this case, the owner demonstrated that there was no basis for imposing liability upon it … . Curran v 201 W. 87th St., L.P., 2017 NY Slip Op 05064, 2nd Dept 6-21-17

NEGLIGENCE (SLIP AND FALL, PLAINTIFF FELL THROUGH OPEN TRAPDOOR IN LEASED PREMISES, DOOR WAS NOT DEFECTIVE, NO BASIS FOR LIABILITY OF BUILDING OWNER)/SLIP AND FALL (OPEN TRAPDOOR,  PLAINTIFF FELL THROUGH OPEN TRAPDOOR IN LEASED PREMISES, DOOR WAS NOT DEFECTIVE, NO BASIS FOR LIABILITY OF BUILDING OWNER)/TRAPDOOR (PLAINTIFF FELL THROUGH OPEN TRAPDOOR IN LEASED PREMISES, DOOR WAS NOT DEFECTIVE, NO BASIS FOR LIABILITY OF BUILDING OWNER)