KRAUS v. [And a Third-Party Action]. (2001)

Order, Supreme Court, New York County (Elliott Wilk, J.), entered May 15, 2000, denying defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's testimony that she fell down a stairwell at premises owned by defendants, which had no door, gate or barricade to prevent a fall, and the affidavit of plaintiff's expert stating that the entrance to the stairwell was hazardous since it was nothing more than a hole in the floor without any demarcation or security, raised a triable issue of fact warranting denial of the motion.   On this record, it could be found that the stairway constituted a significant structural or design defect in violation of § 27.127 of the New York City Building Code, and thus a basis may be present upon which liability might be imposed upon defendant landlord entities, which, although out-of-possession of the subject premises, retained the right to re-enter to make repairs (see, Nameny v. E. New York Sav. Bank, 267 A.D.2d 108, 699 N.Y.S.2d 412).