WISNISKY v. BECKER


33 A.D.2d 650 (1969)

Norman Wisnisky, Respondent, v. Joseph Becker et al., Appellants

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

October 30, 1969


Judgment insofar as appealed from unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.

Memorandum:

Plaintiff fell while descending some steps of a building owned by defendant, sustaining serious injuries. Upon all the evidence, the jury was entitled to conclude that defendant had knowledge or notice of the existence of certain pigeon droppings on the top step. However, the finding of the jury, implicit in its verdict...

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