News & Blog

Adult Plaintiff Not Entitled Eugene Fraser v. Reclaim Housing Development Fund Corporation, et al. NYLJ – October 1, 2020, P. 19

October 7, 2020 • Posted By Joseph A. French • Insurance Coverage

          The First Department recently reversed a Bronx Trial Court’s denial of summary judgment.

          Plaintiff tripped over speaker wires in his bedroom.  He then fell out of his bedroom window to the sidewalk below.

             “Defendants met their burden for summary judgment by submitting evidence that the window, neither by its configuration or condition, presented a hazard in and of itself, and that defendant no statutory or common-law duty to install window guards or stops for the benefit of adult plaintiff (see Milano v. 340 E. 74th St. Owners Corp., 158 AD3d 479 (1st Dept 2018) finding issue of fact whether lack of stops in horizontally opening sliding sash window created dangerous condition, where expert opined lack of stops permitted this type of window to be opened easily and accidentally to full width and was a departure from standard building maintenance practice”.

             Plaintiff’s expert’s affidavit was disregarded.  It was deemed insufficient because “it was not based on any rules, regulations, codes, standards or on the factual record”.

             Fortunately, the Appellate Court injected logic into the Trial Court’s unreasonable attempt to place an unreasonable burden on the landlord, and correctly reversed the Trial Court’s decision.

      

 

Joseph A. French