Sy v. Kopet (18 AD3d 463 [2d Dept 2005]) is an example of a case where the injury was caused by the defendant's passive conduct as a landowner. In Sy, the defendant barred the plaintiff from entering his second floor boarding room because he had failed to pay the rent. The plaintiff was injured when he attempted to enter his second floor room by climbing window guardrails and a gutter on the outside of the house. The Court found that plaintiff had assumed the risk of injury and was barred from recovery.