Dessasore v. New York City Housing Authority

Saxe and Sweeny, JJ.

dissent in a memorandum by Saxe, J., as follows: Plaintiff established at trial that he was injured when he fell down a stairway in defendant’s building after tripping on a handrail that had come loose from the wall and was resting at the top of the steps. Despite plaintiffs admission that

*442he was looking straight ahead at the time of the accident and had not reached for the handrail before commencing his descent on the stairway, and evidence that plaintiff may have been talking on his cell phone at the time of the accident, the jury had more than enough evidentiary support…