Anderson v. St. Rose of Lima's Roman Catholic Church

Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event, upon the ground that the plaintiff’s proof presented a question of fact. The building code specifically includes churches within its provisions (Art. 4, § 70, subd. 2). The provisions of that code as to the requirements of interior stairways (Art. 8, § 153) are made applicable to exterior stairways (§ 154). Subdivisions 4 and 6 of section 153 (supra), setting forth the requirements of treads and risers and handrails, may be found upon the record before us to have been violated. Whether absence of handrails constituted a causal connection was a question of fact. Had such been present the plaintiff’s fall might have been prevented. (See Willy v. Mulledy, 78 N. Y. 310 , 316.) Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ., concur.