ALTSCHUL v. BAYIT PLUMBING AND HEATING, INC.


300 A.D.2d 162 (2002)

752 N.Y.S.2d 300

IRENE C. ALTSCHUL et al., Appellants, v. BAYIT PLUMBING AND HEATING, INC., Respondent.

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

Decided December 19, 2002.


Questions of fact are presented that cannot be resolved as a matter of law as to whether defendant's employee was negligent when he invited Mrs. Altschul to clean the area where he had just removed the toilet from its mountings, leading to her cutting her right hand on some sharp pieces of porcelain. The questions presented are not beyond the ken of the typical juror and do not require expert testimony in order to prove a prima...

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