Filed: Jun. 18, 2015
Latest Update: Jun. 18, 2015
Summary: Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about March 20, 2013, which, in an action for personal injuries sustained when plaintiff allegedly slipped on a marble step tread as he descended the stairs in defendants' building, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. The worn marble edge of the step on which plaintiff allegedly slipped is not an actionable defect ( see DiPini v 381 E. 160 E
Summary: Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about March 20, 2013, which, in an action for personal injuries sustained when plaintiff allegedly slipped on a marble step tread as he descended the stairs in defendants' building, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. The worn marble edge of the step on which plaintiff allegedly slipped is not an actionable defect ( see DiPini v 381 E. 160 Eq..
More
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about March 20, 2013, which, in an action for personal injuries sustained when plaintiff allegedly slipped on a marble step tread as he descended the stairs in defendants' building, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The worn marble edge of the step on which plaintiff allegedly slipped is not an actionable defect (see DiPini v 381 E. 160 Equities LLC, 121 A.D.3d 465 [1st Dept 2014]; Richards v Kahn's Realty Corp., 114 A.D.3d 475 [1st Dept 2014]). Notably, plaintiff denied that any debris on the step caused his fall, and the photographs did not reveal any major defects (see Cintron v New York City Tr. Auth., 77 A.D.3d 410, 411 [1st Dept 2010]).
We have considered plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
