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VEGA v. HASTINGS PARTNERS

248 A.D.2d 378 (1998)

669 N.Y.S.2d 844

Carmen Vega, Appellant, v. Hastings Partners et al., Respondents

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

March 2, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly identified numerous issues of fact that preclude an award of judgment as a matter of law in this negligence case. Most significantly, there is an issue of fact concerning whether the defendants had notice of the separation of the stairway handrail from the newel post (see, Wormer v Barr, 231 A.D.2d 838; Baldino v Long Is. R. R.,

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