Nahmias v. Concourse 163rd Street Corp.

Judgment, Supreme Court, Bronx County, entered on May 5, 1972, reversed, on the law, and vacated, verdict for defendant on issue of liability set aside, and a new trial ordered, with- $60 costs and disbursements to appellant to abide the event. Plaintiff fell on an outside stairway of defendant’s "multiple dwelling. There was ample proof that a step was broken and that defendant had notice of the condition. The issue litigated was whether plaintiff fell because the step Was coated with ice (a condition for which, under the circumstances, the defendant was not responsible) or whether he fell…