Missing Drain Cover Not A Structural Defect

In Harris v. Trustees of Columbia University, the First Department held that a missing drain cover is not a structural defect for purposes of imposing liability upon an out-of-possession landowner who retains the right of re-entry to its premises. The Court also held that Building Code provisions pertaining to load-bearing floors were inapplicable to plaintiff's claim, since the provisions were intended to protect against a harm not suffered by plaintiff.