Monday, March 20, 2017

A fall down the stairs.

The Appellate Division affirmed the denial of defendants' summary judgment motion in this action where plaintiff was injured when she fell while ascending the stairs in defendants' restaurant. Plaintiff testified that as she attempted to move her foot to the next step, it came in contact with the front lip of the second step. Contrary to defendants' assertion, plaintiff also testified that she had to bend down to grab the handrail, which was low. This evidence, as well as the affidavit of plaintiffs' expert engineer, who opined that the low positioning of the handrails and the higher position of the step risers were in violation of various New York City Building Codes, sufficiently raised triable issues as to whether the riser height of the stairs and low handrail were proximate causes of plaintiff's injuries.

Case:  Murray v. Villa Barone Ristorante, Inc., NY Slip Op 01783 (1st Dep't March 9, 2017)

Here is the decision.

Tomorrow's issue:  The improper entry of a clerk's judgment.