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LIEVANO v. BROWNING SCHOOL

265 A.D.2d 233 (1999)

696 N.Y.S.2d 452

MARIA LIEVANO, Respondent, v. BROWNING SCHOOL, Appellant, et al., Defendants.

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

Decided October 21, 1999.

An issue of fact as to whether plaintiff's fall was proximately caused by defectively designed staircase handrails is raised by plaintiff's statement that when she felt she was about to fall she tried to hold onto something but found nothing (compare, Lynn v Lynn, 216 A.D.2d 194), and the unchallenged statement of her civil engineer that the low positioning of the handrails on the staircase was a significant and dangerous departure...

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