Hunter-Williams v. Daughters of Jacob Geriatric Center

Appellate Division of the Supreme Court of New York

Hunter-Williams v. Daughters of Jacob Geriatric Center

113 A.D.3d 561, 978 N.Y.2d 852

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 30, 2014

StatusPublished

This text of 113 A.D.3d 561 (Hunter-Williams v. Daughters of Jacob Geriatric Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunter-Williams v. Daughters of Jacob Geriatric Center, 113 A.D.3d 561, 978 N.Y.2d 852 (N.Y. Ct. App. 2014).

Pincite

Opinion

[562]*562In this action for personal injuries, plaintiff alleges that she slipped and fell on a staircase in defendant’s building due to a wet substance that she did not see because the lighting was inadequate. She further alleges that she was unable to stop her fall because there was no handrail on the bottom part of the staircase where she fell. Defendant failed to satisfy its burden of demonstrating that it did not have actual or constructive notice of the allegedly insufficient lighting condition. The parties’ respective experts disagree on whether the lighting was adequate. There is no basis for finding that the handrail was inadequate as it was in complete compliance with the applicable Building Code. There is an issue of fact as to whether plaintiffs fall was caused by inadequate lighting. Concur — Gonzalez, P.J., Friedman, Renwick, Freedman and Richter, JJ.

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[562]*562In this action for personal injuries, plaintiff alleges that she slipped and fell on a staircase in defendant’s building due to a wet substance that she did not see because the lighting was inadequate. She further alleges that she was unable to stop her fall because there was no handrail on the bottom part of the staircase where she fell. Defendant failed to satisfy its burden of demonstrating that it did not have actual or constructive notice of the allegedly insufficient lighting condition. The parties’ respective experts disagree on whether the lighting was adequate. There is no basis for finding that the handrail was inadequate as it was in complete compliance with the applicable Building Code. There is an issue of fact as to whether plaintiffs fall was caused by inadequate lighting. Concur — Gonzalez, P.J., Friedman, Renwick, Freedman and Richter, JJ.

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Bluebook (online)

113 A.D.3d 561, 978 N.Y.2d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-williams-v-daughters-of-jacob-geriatric-center-nyappdiv-2014.