Hendricks v. Baksh

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about October 26, 2006, which granted defendant-respondent’s motion for a directed verdict, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated and a new trial ordered.

The trial court erred in granting respondent’s motion for a directed verdict on the ground that expert testimony was necessary for plaintiff to make a prima facie case of negligence. Respondent admitted that two years before the accident he repaired the area of the sidewalk in front of his home where plaintiff tripped…