Hyman v. Queens County Bancorp, Inc.
Hyman v. Queens County Bancorp, Inc.
Opinion of the Court
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
In this personal injury action, plaintiffs, responding to defendant’s motion for summary judgment, alleged that defendant’s premises violated city and state building code requirements regarding stairway handrails, relying on those alleged violations as evidence of a dangerous or defective condition on the premises. Plaintiffs claimed that the absence of a handrail on both sides of the stairway—the purported violation—was a proximate cause of plaintiff Alan Hyman’s fall down six or seven stairs.
A party opposing a motion for summary judgment must produce admissible evidence sufficient to require a trial on material questions of fact upon which the claim rests. Although plaintiffs argued that the absence of a second handrail violated city and state laws, not all buildings were subject to the cited codes and plaintiffs offered no evidence of what would have brought the subject building within the purview of those laws. Plaintiffs have thus failed to raise a triable issue of fact regarding the
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- Allen Hyman v. Queens County Bancorp, Inc., Doing Business as Queens County Savings Bank
- Cited By
- 36 cases
- Status
- Published