Donald Champagne, a plumber, was hired by Linda Peck to do some basement repair work. As he descended the stairs, the top tread collapsed and down he fell.
After Champagne filed a personal-injury suit, Linda asked the Oswego County Supreme Court to dismiss the case. When that request was granted, Champagne appealed to the Appellate Division, Fourth Department.
Based on its review of photographs of the scene, the AD4 thought there were unresolved questions as to whether Linda "created or had constructive notice" of the condition and was liable for Champagne's fall.
Guess who popped one open there?
To download a copy of the Appellate Division's decision please use this link: Champagne v. Peck http://www.nycourts.gov/reporter/3dseries/2009/2009_01033.htm