Stair Rail Not Defective

July 31, 1996

LVT Number: 10819

Injured tenant sued landlord, claiming that a building stair rail was defective. After a trial, the jury ruled against tenant. Tenant appealed and lost. Witnesses who saw the rail prior to tenant's accident didn't see any corrosion, and the jury was entitled to accept that testimony. And the trial court's refusal to show the jury a videotape of the stair rail, made three days after the accident, was at most a harmless error.

Injured tenant sued landlord, claiming that a building stair rail was defective. After a trial, the jury ruled against tenant. Tenant appealed and lost. Witnesses who saw the rail prior to tenant's accident didn't see any corrosion, and the jury was entitled to accept that testimony. And the trial court's refusal to show the jury a videotape of the stair rail, made three days after the accident, was at most a harmless error.

Segnit v. Stuhr Gardens Housing Devel. Fund Co.: 643 NYS2d 209 (1996) (App. Div. 2 Dept.; Balletta, JP, Miller, Sullivan, Copertino, JJ)

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