Schwartz v. Colle

Headnote

Negligence — landlord and tenant — injury to tenant from fall down stairs arising from defective stair covering.

Schwartz v. Colle, 213 App. Div. 855 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1925, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in failing to keep the stairways of premises owned by her in a reasonably safe condition. The complaint alleged that while plaintiff, a tenant, was walking down the flight of stairs leading to the entrance to said building, her heel caught in the metal covering of the fourth step of the said stairway which was in a worn and bent condition and she was thereby caused to fall to the bottom and receive serious injuries. It was dark in the hallway at the time and when plaintiff's heel caught in the broken stair covering she lost her hold of the banister and fell.