MIELY WATKINS v. NEW LATHAM HOTEL CORP (1999)

Supreme Court, Appellate Division, First Department, New York.

Beatrice MIELY-WATKINS, et al., Plaintiffs-Appellants, v. NEW LATHAM HOTEL CORP., Defendant-Respondent.

Decided: June 24, 1999

MAZZARELLI, J.P., WALLACH, RUBIN, ANDRIAS and SAXE, JJ.

Nicholas I. Timko, for Plaintiffs-Appellants. Marcy Sonneborn, for Defendant-Respondent.

Judgment, Supreme Court, New York County (Ira Gammerman, J., and a jury), entered May 13, 1998, in an action for personal injuries sustained when plaintiff fell down stairs in defendant's hotel, dismissing the complaint, unanimously affirmed, without costs.

The issue of whether defendant's hotel has “winding stairs” in violation of Multiple Dwelling Law § 52(4) was properly submitted to the jury. The photographs in evidence do not show a spiral configuration in accordance with the common understanding of what constitutes winding stairs, the statute itself contains no definition or other guidance as to what constitutes winding stairs, and the testimony of defendant's witnesses relied on by plaintiff as admissions was at best equivocal and certainly not probative of the statute's meaning. Also advancing the proposition that the building does not have winding stairs in violation of the statute was the evidence that it had been issued two certificates of occupancy and had never been cited for such a violation in any of its biannual inspections by Fire and Buildings Departments.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network