Jacono v. Schieder

Judgment affirmed, with costs. Memorandum: Appellant’s main contention on this appeal is that there was no evidence of actual or constructive notice of the defective stairway. There was evidence that the flight of stairs directly below the stairs which gave way and caused the plaintiff’s injuries were replaced within “ a year or so previous to the accident.” We think this evidence was sufficient to permit the jury to find constructive notice of the defect. The applicable rule of law was laid down in Rouillon v. Wilson (29 App. Div. 307, 308) as follows: “ Where, as here, notice is given of a…