Appellate Division of the Supreme Court of New York, 1997

Bernard v. New York City Housing Authority

Bernard v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided May 8, 1997
239 A.D.2d 187; 657 N.Y.S.2d 898; 1997 N.Y. App. Div. LEXIS 4929
Bernard v. New York City Housing Authority

Opinion of the Court

Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered December 1, 1995, which granted defendant landlord’s motion for summary judgment dismissing plaintiff tenant’s complaint, unanimously affirmed, without costs.

Defendant did not owe plaintiff any duty to install handrails in plaintiffs bathroom. Even assuming that defendant assumed a duty to install bathtub handrails, plaintiff would still have to show that defendant’s conduct placed her in a more vulnerable position than she would have been in had defendant done nothing (see, Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 522). There was no such evidence. Concur—Sullivan, J. P., Milonas, Nardelli, Williams and Mazzarelli, JJ.

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