Balleram v. 11P, LLC

143 A.D.3d 432, 38 N.Y.S.3d 415

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 4, 2016
• Docket: 1819 307144/12
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 10, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs expert failed to identify any applicable statute or rule that requires a landowner to install a handrail or grab-bar in the bathroom of an apartment (see Lunan v Mormile, 290 AD2d 249 [1st Dept 2002]). Defendant did not breach its common-law duty of care by declining plaintiff’s requests for a handrail, since the bathtub was in good working order and not alleged to be defective or hazardous for ordinary use (Rivera v Nelson Realty, LLC, 7 NY3d 530, 535 [2006]).

Concur — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.