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WEISENTHAL v. PICKMAN

153 A.D.2d 849 (1989)

Phyllis Weisenthal, Appellant, v. Morton Pickman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 11, 1989

Ordered that the judgment is reversed, on the law, with costs, and a new trial is granted.

The evidence adduced by the plaintiff was legally sufficient to permit the trier of fact to infer that the defendants owned and had control over a stairway which, toward the end of each week, invariably became littered with several items of debris. The plaintiff's evidence was similarly sufficient to permit an inference that, despite...

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