Legal Opinion
Sanders v. Morris Heights Mews Associates
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 2010PublishedCited by 9 opinions
1Opinion of the Court
Plaintiff was injured in a stairway slip and fall in defendants’ building after the handrail gave way. Defendants met their burden with respect to the alleged slipperiness of the steps. Plaintiff testified that her right foot slipped, but did not indicate any substance that might have caused the slip. This is no more specific than alleging the stairs were slippery due to smoothness, which is not an actionable defect (Sarmiento v C & E Assoc., 40 AD3d 524, 527 [2007]).
Plaintiffs argument that defendants created the condition by painting the stairs with enamel paint was made for the first time…
2Cases cited5 opinions
- Murphy v. ConnerNew York Court of Appeals · 1994
- Hayes v. Riverbend Housing Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Sarmiento v. C & E AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Jenkins v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Peters v. Trammell Crow Co.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by9 opinions
- Alston v. Zabar's & Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Gibbs v. 3220 Netherland Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Navarro v. H. Heiden, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Costanzo v. American Academy of Dramatic ArtsAppellate Division of the Supreme Court of the State of New York · 2025
- Doherty v. 730 Fifth Upper, LLCAppellate Division of the Supreme Court of the State of New York · 2023
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