3 N.Y.3d 743 (2004)

A plaintiff opposing summary judgment in a premises liability case must present admissible evidence demonstrating both a defective condition and a causal link between that condition and the injury.

Summary

In this personal injury action, the plaintiffs, Alan and Joan Hyman, alleged that Queens County Bancorp’s premises were unsafe due to a missing handrail on a staircase, which allegedly caused Alan Hyman to fall. The plaintiffs argued that this violated city and state building codes and constituted negligence. The Court of Appeals affirmed the Appellate Division’s order granting summary judgment to the defendant, holding that the plaintiffs failed to provide sufficient evidence to establish either a violation of applicable building codes or a causal connection between the missing handrail and Alan Hyman’s fall. The plaintiffs’ claims amounted to speculation, insufficient to defeat summary judgment.

Facts

Alan Hyman fell down six or seven stairs on premises owned by Queens County Bancorp. The plaintiffs alleged that the absence of a handrail on both sides of the stairway, violating city and state building codes, created a dangerous condition. The plaintiffs asserted that this missing handrail was the proximate cause of Alan Hyman’s fall.

Procedural History

The plaintiffs sued Queens County Bancorp for personal injuries. The defendant moved for summary judgment. The lower court’s decision is not specified in the provided text. The Appellate Division granted summary judgment in favor of Queens County Bancorp. The plaintiffs appealed to the New York Court of Appeals.

Issue(s)

1. Whether the plaintiffs presented sufficient admissible evidence to raise a triable issue of fact regarding a defective or dangerous condition on the defendant’s premises due to an alleged violation of city and state building codes regarding stairway handrails.

2. Whether the plaintiffs presented sufficient admissible evidence to raise a triable issue of fact regarding causation between the alleged defective condition (missing handrail) and Alan Hyman’s fall.

Holding

1. No, because the plaintiffs failed to provide evidence that the building was subject to the cited codes and that the absence of a handrail constituted a dangerous condition, particularly considering the certificate of occupancy issued to the defendant.

2. No, because the plaintiffs offered only speculation that the existing handrail was beyond reach, which is insufficient to establish causation.

Court’s Reasoning

The Court of Appeals emphasized that a party opposing summary judgment must provide admissible evidence that necessitates a trial on material facts. The Court found that the plaintiffs failed to meet this burden. Specifically, they did not provide sufficient evidence to demonstrate that the building was subject to the building codes they cited regarding handrails. The court noted, “not all buildings were subject to the cited codes and plaintiffs offered no evidence of what would have brought the subject building within the purview of those laws.” The existence of a certificate of occupancy issued in 1978 further undermined the claim of a defective condition, distinguishing the case from Lesocovich v 180 Madison Ave. Corp., 81 NY2d 982 (1993). Regarding causation, the court found the plaintiffs’ claims to be speculative, stating that they offered “only speculation that in the circumstances presented the existing handrail was beyond reach.” Because the plaintiffs failed to establish both a defective condition and a causal link, the Court affirmed the grant of summary judgment to the defendant. The Court thus reinforced the principle that mere allegations or speculation, without supporting evidence, are insufficient to defeat a motion for summary judgment.