Schiermeister v. Kahn

In a negligence action to recover damages for personal injury *830sustained in a fall by the female plaintiff on a wooden step in the basement of premises owned by the defendant and occupied by tenants, the defendant appeals from a judgment of the Supreme Court, Kings County, entered February 3,1964 after trial upon a jury’s verdict in the plaintiffs’ favor. Judgment affirmed, with costs. We are of the opinion that the stairway and the step in question were not in the possession and control of the defendant owner. There is proof, however, sufficient to support a finding that the defendant owner,…