CONSI v. 531 HUDSON STREET LIMITED LIABILITY COMPANY


28 A.D.3d 370 (2006)

813 N.Y.S.2d 713

SUZANNE CONSI, Respondent, v. 531 HUDSON STREET LIMITED LIABILITY COMPANY et al., Respondents, and RUBY CORP., Doing Business as RUBYFRUIT BAR & GRILL, et al., Appellants.

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

April 25, 2006.


Photographs of the staircase, deposition testimony and the affidavits of plaintiff, her licensed engineer and witness friend raise issues of fact as to, inter alia, appellant's noncompliance with Building Code provisions, including inadequate lighting, worn stairs and overcapacity, and whether such noncompliance proximately caused plaintiff to fall as she descended the allegedly narrow, crowded and irregularly shaped steps and was forced to turn sideways to allow people ascending...

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