Landlord has No Liability for Injury when Stairway is Left Dark Due to Blackout (Courtside‪)‬

In a very interesting and important new decision, the Court of Appeals has ruled that a landlord is not liable, despite the language of the Multiple Dwelling Law, when a tenant or guest falls down a stairway left dark due to a blackout, because the darkness was not the result of the landlord's "knowledge or consent." The Court held, "Subdivision two of Multiple Dwelling Law [section] 37 requires, as a general rule, that owners of apartment buildings keep lights on all night in certain public areas. The same subdivision says that if a light 'becomes extinguished and remains so without the knowledge or consent of the owner he shall not be liable.' Subdivision three of the statute makes an exception to the general rule of subdivision two, requiring lights in windowless areas to 'be kept burning continuously.' We hold in this case that the 'knowledge or consent' defense created by subdivision two may be asserted in a case based on an alleged violation of subdivision three."