Noziglia v. Tobiassen

— Judgment dismissing the complaint for failure to establish a prima facie case at the close of plaintiff’s case in a personal injuries negligence action unanimously reversed, on the law, and a new trial ordered on the issue of liability, with $50 costs and disbursements to abide the event. Plaintiff-appellant, a 67-year-old housewife, was injured when she fell down the stairway of a two-story, two-family dwelling house. She claims that her fall was caused by a defective stair tread and that her landlord, defendant-respondent, had notice of this condition. The testimony of plaintiff and her…