PIMENTEL v. MARX REALTY IMPROVEMENT CO INC (2008)

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about December 10, 2007, which denied defendant's motion for summary judgment, unanimously affirmed, without costs.

Defendant, an out-of-possession landlord that reserved the right of re-entry to inspect and make structural repairs, failed to demonstrate its entitlement to judgment as a matter of law (Cortes v. 1515 Williamsbridge Assoc., 295 A.D.2d 188, 743 N.Y.S.2d 476 [2002];  see Guzman v. Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559, 565, 516 N.Y.S.2d 451, 509 N.E.2d 51 [1987] ).   Plaintiff's evidence raised an issue of fact as to whether the lack of a handrail in the stairwell was a structural defect that violated a specific statutory provision, contributing to her fall.