Legal Opinion

Balleram v. 11P, LLC

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

Decided October 4, 2016No. 1819 307144/12PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 10, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs expert failed to identify any applicable statute or rule that requires a landowner to install a handrail or grab-bar in the bathroom of an apartment (see Lunan v Mormile, 290 AD2d 249 [1st Dept 2002]). Defendant did not breach its common-law duty of care by declining plaintiff’s requests for a handrail, since the bathtub was in good working order and not alleged to be defective or hazardous…

2Cases cited2 opinions

  1. Rivera v. Nelson Realty, LLCNew York Court of Appeals · 2006
  2. Lunan v. MormileAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by1 opinion

  1. Weiss v. VaccaAppellate Division of the Supreme Court of the State of New York · 2023

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