Conti v. Kimmel

In Conti v. Kimmel (255 AD2d 201 [1st Dept 1998]), plaintiff, who fell through an open trap door, argued that the out of possession landlord was negligent, citing ANSI code and OSHA regulations. However, the First Department affirmed the dismissal of the complaint, noting that "plaintiff's reliance on OSHA regulations and the ANSI Code . . . is... unavailing since these non-statutory provisions cannot be the basis of constructive notice imputed to the landlord" (id. at 201-202).