SCHWARTZ v. HERSH


50 A.D.3d 1011 (2008)

856 N.Y.S.2d 640

RONALD SCHWARTZ et al., Respondents, v. ESTHER HERSH, Appellant.

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

Decided April 22, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The injured plaintiff allegedly fell when he "missed" the last step of a staircase he was descending in a building owned by the defendant. The injured plaintiff alleged that the handrail on the left side of the staircase did not extend to the bottom of the staircase, the staircase was dim, and that the carpet on the staircase...

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