Timmins v. Benjamin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Appeal from an order of the Supreme Court (Krogmann, J.), entered January 7, 2010 in Washington County, which denied defendants’ motion for summary judgment dismissing the complaint.
Defendants own a rental house that was built in the 1880s and later converted into a two-family home, which required rerouting the stairway. Plaintiff and two roommates rented one half of the house. The stairs connecting the first and second floors rise straight up, then the last five steps wind 90 degrees to the left. A bannister on the left side of the stairway begins above the second step from the bottom and…
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