ALTSCHUL v. BAYIT PLUMBING AND HEATING INC (2002)

Supreme Court, Appellate Division, First Department, New York.

Irene Charitonoff ALTSCHUL, et al., Plaintiffs-Appellants, v. BAYIT PLUMBING AND HEATING, INC., Defendant-Respondent.

Decided: December 19, 2002

ANDRIAS, J.P., ELLERIN, RUBIN and GONZALEZ, JJ.

Brian J. Isaac, for Plaintiffs-Appellants. Steven L. Sonkin, for Defendant-Respondent.

Judgment, Supreme Court, New York County (Kibbie Payne, J.), entered February 9, 2001, after a jury trial, which granted defendant's motion to dismiss for plaintiffs' failure to establish a prima facie case, unanimously reversed, on the law, without costs, defendant's motion denied, the complaint reinstated, and the matter remanded for further proceedings.

Questions of fact are presented that cannot be resolved as a matter of law as to whether defendant's employee was negligent when he invited Mrs. Altschul to clean the area where he had just removed the toilet from its mountings, leading to her cutting her right hand on some sharp pieces of porcelain. The questions presented are not beyond the ken of the typical juror and do not require expert testimony in order to prove a prima facie case.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network