McBRIDE v. JEWELL III


22 A.D.3d 468 (2005)

801 N.Y.S.2d 542

LILY McBRIDE, Appellant, v. WALTER L. JEWELL III, Respondent.

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

October 3, 2005.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly instructed the jury not to consider the absence of a handrail on one side of the steps leading to the front door of the defendant's house on the issue of whether the premises were reasonably safe. The Supreme Court correctly concluded that the absence of the handrail, which did not violate the New York State Uniform Fire Prevention and Building Code (see 9 NYCRR former 735.3) did...

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