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PENN v. INT'L BUS. MACHS., INC.

40 A.D.2d 1019 (1972)

Lena Penn et al., Appellants, v. International Business Machines, Inc., Defendant-Respondent and Third-Party Plaintiff-Appellant. 235 East 42nd Street Associates, Third-Party Defendant-Respondent

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

December 26, 1972

Said decisions of the trial court were rendered at the close of the evidence upon a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeals did not present questions of fact.

In our opinion, plaintiffs presented sufficient evidence from which inferences could reasonably be drawn that defendant was negligent in that it maintained a dangerous condition (to wit: the step...

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