Martyn v. Schwartz

Judgment unanimously affirmed, without costs. Memorandum: In this negligence action plaintiff appeals from a jury verdict of no cause of action. Plaintiff, age 88, and her daughter were tenants in a multiple dwelling owned by defendant. While carrying a garbage pail in the yard of the premises plaintiff fell and sustained injuries. It is the plaintiff’s claim that she was caused to fall because of a protruding iron grate. After a preliminary examination the trial court refused to swear plaintiff as a witness because of her confused mental state and her deafness. There was no witness to the…