Bottalico v. City of New York

Peck, P. J,

Plaintiff was injured by falling down the subway steps leading from the street to the 149th Street-3rd Avenue station of the Lenox Avenue subway. It is his claim that the fall was caused by his left heel catching on a loose screw protruding one half to three quarters of an inch above the metal plating of a step.

*340Plaintiff was rendered unconscious by the fall, his injury was serious, and he was hospitalized for a period of time. All he could testify as to the cause of the accident was that his foot 11 caught on something ”. The only evidence as to what his foot caught on was supplied…