Jabbour v. Finnegan's Moving & Warehouse Corp.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered June 14, 2002, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The circumstantial evidence was sufficient to permit a jury to infer that defendant’s employee cut the legs of a railing in order to facilitate the moving of furniture, and failed to replace the railing properly, thereby causing plaintiff to fall and injure himself (see Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743, 744-745; Negri v Stop & Shop, 65 NY2d 625). Accordingly,…