Van Wormer v. Barr

Peters, J. Appeal from an order of the Supreme Court (Connor, J.), entered January 11, 1996 in Greene County, which denied defendants’ motion for summary judgment dismissing the complaint.

On September 20, 1993, plaintiff sustained personal injuries when he fell down a staircase he was descending in an apartment building owned by defendants where plaintiff was a tenant. At the time of the accident, plaintiff was carrying laundry in his left hand and had placed his right hand on the banister for support. At that time, the top bracket supporting the banister broke, causing the banister to come…