Cook v. Rezende

At the close of plaintiff’s proof her complaint was dismissed for a failure to establish actionable negligence. The Appellate Division, by a divided court, affirmed (40 A D 2d 820). We disagree with these determinations and hold that *598the plaintiff established a prima facie case, requiring the issues to be submitted to a jury.

Plaintiff, a tenant, was injured when she fell on slippery wet marble steps as she was leaving the eight-family apartment building owned by the defendant. It is alleged, and the proof upon the trial disclosed, that the fall was caused by the slippery condition of the…