New York Supreme and/or Appellate Courts Appellate Division, First Department
January 19, 2012
AKDENIZ REALTY, LLC, ET AL.,
Castillo v Akdeniz Realty, LLC
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 19, 2012
Andrias, J.P., Sweeny, Moskowitz, Renwick, Freedman, JJ.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about November 30, 2010, which, insofar as appealed from, granted defendants' motion for summary judgment dismissing so much of the complaint as is premised upon violations of the New York City Building Code, unanimously affirmed, without costs.
Plaintiff seeks damages for injuries she sustained when she slipped and fell on the stairway outside the front door of defendants' premises. As a matter of law, Administrative Code of City of NY § 27-375 does not apply to these exterior stairs because the stairs were not "used as exits in lieu of interior stairs" pursuant to § 27-376 (see Gaston v New York City Hous. Auth., 258 AD2d 220 ). "Exit" is defined as "[a] means of egress from the interior of a building to an open exterior space" (Administrative Code § 27-232). This stairway "was outside the parameters of the building [and] did not provide a means of egress from the interior of the building to an open exterior space" (Gaston, 258 AD2d at 224).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 19, 2012
© 1992-2012 VersusLaw Inc.