ALVAREZ v. MENDIK REALTY PLAZA, INC.


176 A.D.2d 557 (1991)

Jorge L. Alvarez et al., Respondents-Appellants, v. Mendik Realty Plaza, Inc., et al., Defendants, and Mendik Realty Co., Inc., Appellant-Respondent

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

October 15, 1991


On January 18, 1984, plaintiff sustained a herniated disc when he slipped and fell on debris lying on a stairway at Two Penn Plaza, which is managed by defendant. As a result, plaintiff underwent surgery the next month but nevertheless continued to suffer back pain up until the time of trial in October, 1989.

We find that plaintiff presented sufficient evidence to show that there was "a lack of ordinary care in the management...

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