Hornick v. Mandel

Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered on or about September 8, 1989, which, after a jury trial, awarded the defendants judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants own and occupy a six-floor townhouse, using the first floor and the basement for defendant Samuel Handel’s medical practice. The plaintiff, a patient of Dr. Mandel, was injured when he fell on the stairs leading from the first floor to the basement. Four other patients saw Dr. Mandel that same day, and each testified at trial that there was nothing wrong with the stairs.

T…