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LANTIGUA v. 700 W. 178TH STREET ASSOCIATES, LLC.

27 A.D.3d 266 (2006)

811 N.Y.S.2d 364

PATRIA LANTIGUA, Respondent, v. 700 W. 178TH STREET ASSOCIATES, LLC, et al., Appellants, et al., Defendants.

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

March 9, 2006.

The jury's liability verdict and 80% apportionment against appellants is supported by a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]) showing that the leaking sewer pipe above the stairway where plaintiff slipped and fell was a structural defect for which appellants were responsible, and that the leak had existed for at least two months prior to the accident, long enough for...

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