Di Mare v. Cresci

in favor of June Di Mare (hereinafter referred to as plaintiff) and for $1,000 in favor of her husband, Joseph Di Mare. Defendant has appealed from the ensuing judgment.

The Di Mares occupied an apartment on the third floor of defendant’s building. An outside wooden stairway used by them and other tenants led from the ground to the various floors of the building, and a garbage chute was located on a landing between the second and third floors. A step of the stairway gave way beneath plaintiff when she was descending from her apartment for the purpose of disposing of some garbage, and she fell…