Legal Opinion

Torres v. Cordice

Appellate Terms of the Supreme Court of New York

Decided January 25, 2006PublishedCited by 4 opinions

1Opinion of the Court

*24OPINION OF THE COURT

2Per curiam

Judgment, entered October 3, 2003, reversed, and the matter remanded for a new trial, with $30 costs to abide the event.

The injured plaintiff, a meter reader for Consolidated Edison, fell while descending a wooden staircase leading to the basement of residential premises owned by defendant. Plaintiff’s testimony tended to indicate that a recurring leak in the area had rotted the steps and handrail, causing them to collapse. Defendant offered no evidence at trial with respect to liability.

Plaintiffs’ request for a jury charge on res ipsa loquitur was improperly denied on…

3Cases cited7 opinions

  1. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  2. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  3. Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
  4. Pavon v. RudinAppellate Division of the Supreme Court of the State of New York · 1998
  5. Bonura v. KWK AssociatesAppellate Division of the Supreme Court of the State of New York · 2003

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4Cited by4 opinions

  1. Champagne v. PeckAppellate Division of the Supreme Court of the State of New York · 2009
  2. Valdez v. Upper Creston, LLCAppellate Division of the Supreme Court of the State of New York · 2022
  3. Valdez v. Upper Creston, LLCAppellate Division of the Supreme Court of the State of New York · 2022
  4. Hoffman v. United Methodist ChurchAppellate Division of the Supreme Court of the State of New York · 2010

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