Vitanza v. Growth Realties, Inc.

— Judgment, Supreme Court, Bronx County (Kent, J.), entered January 20, 1982 dismissing the complaint on the merits, unanimously reversed, on the law, the complaint reinstated, and the case remanded for a new trial, with costs to abide the event. This is an action to recover damages for personal injuries and wrongful death arising out of a fall by plaintiff’s decedent, a woman of advanced years, on a stairway in a building in which she resided. The wrongful death action is based on the theory that a second fall, some months later, resulting in decedent’s death was caused by the effects of the…