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Psygoda v. Parkchester Apts. Co.

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1975
50 A.D.2d 552 (N.Y. App. Div. 1975)

Opinion

November 25, 1975


Judgment, Supreme Court, Bronx County, entered March 4, 1975, after trial to a jury, unanimously reversed, on the law, and a new trial directed with $60 costs and disbursements of this appeal to abide the event. Plaintiff-respondent tenant fell on ice on the premises of defendant-appellant landlord. There was evidence that, immediately before and at the time of the occurrence, there was ongoing precipitation at a freezing temperature, and the jury could have so found. In the circumstances, it was error for the trial court to refuse to charge the jury in respect of the nature of defendant's duty to clear away accumulations on the walk during progress of the storm. (See Bressler v Rule Realty Co., 219 App. Div. 529.) The jury could easily have been confused by lack of instruction on this point, and a new trial is indicated.

Concur — Stevens, P.J., Markewich, Tilzer, Lane and Nunez, JJ.


Summaries of

Psygoda v. Parkchester Apts. Co.

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1975
50 A.D.2d 552 (N.Y. App. Div. 1975)
Case details for

Psygoda v. Parkchester Apts. Co.

Case Details

Full title:LEO PSYGODA, Respondent, v. PARKCHESTER APTS. CO., Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 25, 1975

Citations

50 A.D.2d 552 (N.Y. App. Div. 1975)