COLLAZO v. CONCOURSE ONE COMPANY


6 A.D.3d 320 (2004)

775 N.Y.S.2d 142

ALICIA COLLAZO, Respondent, v. CONCOURSE ONE COMPANY, Appellant.

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

April 27, 2004.


An issue of fact exists as to whether the stairway in question was dangerously defective, raised by plaintiff's testimony and affidavit describing the step on which she tripped as "broken or rotted" with a "hole" "on the top" or "edge" about three inches in height and a foot long that was surrounded by "rust." Contrary to defendant and its expert, the photographs identified by plaintiff at her deposition as a fair representation of the step at the time of the accident do...

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