Cook v. Rezende

Judgment, Supreme Court, New York County, entered March 29, 1972, affirmed, without costs and without disbursements. Concur — McGrivern, Markewich and Eager, JJ.; Stevens, P. J., and Nunez, J., dissent in the following memorandum by Nunez, J.: Plaintiff made .out a prima facie case. A long-time tenant of the building, she left her apartment and reached the outside marble steps leading *821to the sidewalk. The steps were covered with water being cascaded thereon by the owner of the apartment house by use of a hose. The owner deliberately used the waterfall to prevent persons from congregating on…