Kopsachilis v. 130 East 18 Owners Corp.

OPINION OF THE COURT

Smith, J.

Subdivision (2) of Multiple Dwelling Law § 37 requires, as a general rule, that owners of apartment buildings keep lights on all night in certain public areas. The same subdivision says that if a light “becomes extinguished and remains so without the knowledge or consent of the owner he shall not be liable.” Subdivision (3) of the statute makes an exception to the general rule of subdivision (2), requiring lights in windowless areas to “be kept burning continuously.” We hold in this case that the “knowledge or consent” defense created by subdivision (2) may be…