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BOTTALICO v. CITY OF NEW YORK

281 A.D. 339 (1953)

Gus Bottalico, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 1953.

Attorney(s) appearing for the Case

Fred Iscol of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel), for appellant.

Samuel S. Sturim of counsel (Jacob D. Fuchsberg with him on the brief; Manes, Sturim & Donovan), for respondent.

CALLAHAN, BREITEL, FOSTER and BERGAN, JJ., concur.

PECK, P. J.

Plaintiff was injured by falling down the subway steps leading from the street to the 149th Street-3rd Avenue station of the Lenox Avenue subway. It is his claim that the fall was caused by his left heel catching on a loose screw protruding one half to three quarters of an inch above the metal plating of a step.

Plaintiff was rendered unconscious by the fall, his injury was serious, and he...

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