Trimarco v. Klein

Fein, J. (concurring in part; dissenting in part).

I concur with Justice Sandler that the evidence was sufficient to support a jury verdict that the landlord breached its duty of reasonable care toward the plaintiff and that such breach was a proximate cause of plaintiff’s injuries. I see no need to expand on his thoughtful opinion demonstrating that liability was established.

However, I disagree with his conclusion that it was proper to submit sections 389-m and 389-o of the General Business Law for the jury’s consideration. The ostensible reason for receiving the statute in evidence was to…