McAndrew v. 5905 Broadway Realty Corp.

Judgment reversed and the third-party complaint dismissed as to the third-party defendant Graphire Corporation. Judgment reversed and a new trial ordered as to defendant 5905 Broadway Realty Corporation. Since the record discloses that the Graphire Corporation as tenant was in possession of the entire premises owned by 5905 Broadway Realty Corp., the structure was not a “ Tenant-factory building” as defined by subdivision 2 of section 315 of the Labor Law, for which the1 owner had a continuing statutory duty to provide proper hand rails and stairways (Labor Law, § 272, subd. 2, read in…