Serper v. Singer

Appellate Division of the Supreme Court of New York

Serper v. Singer

242 A.D. 698

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1934·Published

Opinion

Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event. Plaintiffs’ Exhibits 1 and 2 clearly show the defective condition of the step in question and that the rubber mat was gone from the step except a small portion in front, which the jury might well say curled up under plaintiff Ella Serper’s foot as she descended these steps, causing her to fall. Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ., concur.

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Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event. Plaintiffs’ Exhibits 1 and 2 clearly show the defective condition of the step in question and that the rubber mat was gone from the step except a small portion in front, which the jury might well say curled up under plaintiff Ella Serper’s foot as she descended these steps, causing her to fall. Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ., concur.

Serper v. Singer, 242 A.D. 698 (N.Y. Ct. App. 1934).

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