D.K. v Powell 512, LLC
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Attorneys and Parties
Brief Summary
Premises liability involving alleged unsafe conditions in a residential building staircase and the duties of a property owner and alleged property manager to maintain the premises in a reasonably safe condition.
The Supreme Court, Kings County, granted summary judgment to both defendants and dismissed the complaint insofar as asserted against each of them.
The Appellate Division reversed the order insofar as appealed from and denied the branches of both defendants' motions seeking summary judgment dismissing the complaint.
The defendants failed to make a prima facie showing that Liberty Chateau Realty, Inc. lacked ownership, occupancy, control, or special use of the property; failed to show the stair defect was trivial as a matter of law; and failed to establish lack of constructive notice because they did not show when the step was last inspected before the accident.
Background
In March 2022, the infant plaintiff allegedly was injured when the edge of the top step of an interior staircase in a residential building caved down, causing a fall onto the landing below. The plaintiffs sued Powell 512, LLC, the building owner, and Liberty Chateau Realty, Inc., the alleged property manager, seeking damages for personal injuries.
Lower Court Decision
The lower court granted those branches of the defendants' separate motions that sought summary judgment dismissing the complaint against each defendant.
Appellate Division Reversal
The Appellate Division held that summary judgment should have been denied without regard to the sufficiency of the plaintiffs' opposition papers. It found conflicting testimony as to whether Liberty managed or controlled the property, concluded that video evidence showing the step edge bending under a person's weight prevented the defect from being deemed trivial as a matter of law, and determined that the defendants' proof did not establish lack of constructive notice because it did not identify when the subject step was last inspected before the accident.
Legal Significance
This decision reinforces New York premises liability principles that a defendant moving for summary judgment must affirmatively eliminate factual issues concerning control of the property, the nonhazardous nature of the defect, and notice. A defendant cannot prevail merely by offering generalized evidence of prior inspections or unrelated repairs; it must show specific inspection or cleaning evidence tied to the accident location and time frame.
Property owners and alleged managers face continued exposure to liability where the record contains conflicting evidence about who controlled the premises, where a stair defect appears capable of collapsing or bending under weight, and where the defendants cannot show when the precise accident area was last inspected.