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BALLERAM v. 11P, LLC

1819, 307144/12.

143 A.D.3d 432 (2016)

2016 NY Slip Op 06458

38 N.Y.S.3d 415

DOLLY BALLERAM, Appellant, v. 11P, LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 4, 2016.

Plaintiff's expert failed to identify any applicable statute or rule that requires a landowner to install a handrail or grab-bar in the bathroom of an apartment (see Lunan v Mormile, 290 A.D.2d 249 [1st Dept 2002]). Defendant did not breach its common-law duty of care by declining plaintiff's requests for a handrail, since the bathtub was in good working order and not alleged to be defective or hazardous for ordinary use (Rivera...

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