Fant v. Mayer

250 A.D.2d 355, 672 N.Y.S.2d 684, 1998 N.Y. App. Div. LEXIS 5252

Opinion

—Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about March 28, 1997, which, insofar as appealed from, granted defendant-respondent’s motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.

None of the Industrial Code provisions invoked by plaintiff, namely, 12 NYCRR 8-2.15 and 12 NYCRR former 16.2 (e), former 16.5 (a) and former 16.8 (d), require that trap doors be equipped with a movable railing when open, and the out-of-possession landlord cannot otherwise be held liable for an accident arising out of the negligent use of a trap door where, as here, there is no showing of any structural defect (see, Brown v Weinreb, 183 AD2d 562). Concur — Lerner, P. J., Nardelli, Wallach, Rubin and Mazzarelli, JJ.