Brown v. Weinreb

In Brown v. Weinreb (183 AD2d 562 [1st Dept 1992]), the plaintiff was injured when he fell into an opening in a video store owned by the defendants. It was undisputed that the opening was normally covered by a trap door. In reversing a jury's finding of liability against the defendants, the First Department stated that: There was no evidence that defendants negligently or defectively constructed, maintained or repaired the premises or that there was any violation of Administrative Code of the City of New York 27-128. Specifically, there is no evidence that the trap door itself was an unsafe construction, nor is there any claim that, with the door in place, there was even a negligent condition. It could only become unsafe by an improper use, i.e., left in an open position. Nor can liability be imposed on defendants for their failure to provide other safeguards to prevent injury. (id. at 562-563 )