SCHWARTZ v. REISMAN

2015-03258, Index No. 26312/10.

135 A.D.3d 739 (2016)

22 N.Y.S.3d 879

2016 NY Slip Op 00177

DAVID SCHWARTZ, Appellant, v. MOSHE REISMAN, Respondent.

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

Decided January 13, 2016.


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

The plaintiff commenced this action to recover damages for injuries he contends he sustained when he fell down steps outside the defendant's home. He alleged that the steps were defective, inter alia, because of the difference in riser height between the first step and the other steps, and the absence of a handrail. The defendant...

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