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Defective Handrail Could Have Been Factor in Plaintiff’s Injuries.

In reversing the trial court’s grant of a motion to set aside the verdict, the Second Department determined that the violation of an Administrative Code concerning stairway handrails could have been a factor in the injuries to the plaintiff. The plaintiff tried to stop his fall down a stairway but could not grab the handrail which was flush with the wall.  Expert testimony established that a handrail flush to the wall was dangerous and defective.  Cusumano v City of New York, 2012-00015, Index No 4207/01, Second Dept. 3-6-13

 

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