Opinion
Argued October 7, 1999
February 17, 2000
In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (S. Leone, J.), entered August 28, 1998, which, upon a jury verdict finding the defendant 100% at fault in the happening of the accident, and a jury verdict on the issue of damages, is in favor of the plaintiff and against it in the sum of $532,450.
Herzfeld Rubin, P.C., New York, N.Y. (Herbert Rubin, David B. Hamm, Noreen M. Giusti, and Jeannine LaPlace of counsel), for appellant.
Antin Ehrlich, New York, N.Y. (Joseph L. Ehrlich of counsel), for respondent.
GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is granted on the issues of liability and damages, with costs to abide the event.
On February 12, 1993, the plaintiff was allegedly injured when she tripped and fell on a temporary snow-covered ramp in front of an apartment building owned by the defendant.
The court erred in denying the defendant's request to charge the jury regarding its responsibility to use reasonable care to keep the property clear of snow and ice in areas where use by pedestrians is foreseeable (see, PJI 2:111A.1), since there was evidence that it was snowing at the time of the accident (cf., Kay v. Flying Goose, 203 A.D.2d 332; Newsome v. Cservak, 130 A.D.2d 637). Accordingly, a new trial is required on the issue of liability.
Upon our review of the record, we find that a new trial is required, as well, on the issue of damages.
In light of our determination, we need not address the appellant's remaining contentions.