New Trial Required in Slip-and-Fall Case

Tenant's sister sued landlord for negligence. She was injured after slipping on debris and falling down the stairs in landlord's building. She used the stairs when she left tenant's apartment, because, she said, the elevators weren't working. Landlord claimed that it had no notice of any defective condition in the stairwell. After a trial, the court ruled for landlord. Tenant's sister appealed. The appeals court ruled for sister and sent the case back for a new trial. The trial judge unfairly assumed that tenant's sister took the stairs at her own risk after she continued down the stairs when the light was insufficient. The trial judge overstepped his role in the way he questioned witnesses in the case and in comments made at trial.

Butler v. NYCHA: NYLJ, 2/21/06, p. 30, col. 6 (App. Div. 2 Dept.; Florio, JP, Ritter, Goldstein, Covello, JJ)