Thomas v. Kendall

—Judgment *965unanimously affirmed with costs. Memorandum: Plaintiff commenced this action to recover damages for injuries she sustained when she fell as she ascended the stairs to her apartment. Defendants own the two-family residence where the accident occurred. Supreme Court properly exercised its discretion in denying plaintiffs request to present evidence that prior accidents had occurred on the stairs. “It is well settled that proof of a prior accident, whether offered as proof of the existence of a dangerous condition or as proof of notice thereof, is admissible only upon a showing that…