In this action to recover damages for injuries sustained in a fall on a workplace stairway, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, reversed the lower court’s award of summary judgment in favor of the landowner, holding that the defendant’s out-of-possession landowner defense was not properly before the court and the defendant failed to meet its substantive prima facie burden because it attached the plaintiff’s deposition transcript to its moving papers, which established a triable issue of fact as to whether the missing handrail was a proximate cause of her injury.
