FLEISCHER v. NIEBERG MIDWOOD CHAPEL, INC.


33 A.D.2d 521 (1969)

Lizzie Fleischer, Appellant, v. Nieberg Midwood Chapel, Inc., et al., Respondents

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

September 29, 1969


Judgment affirmed, with costs.

Plaintiff sustained her injuries when she fell on a stairway in defendants' premises. The trial court held that plaintiff had failed to establish actionable negligence. In our opinion, that determination was correct. Affording plaintiff every favorable inference from the proof, and assuming that the staircase and particularly a railing thereon had been improperly constructed, as claimed by her expert (cf. Fortgang v. Chase Manhattan...

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