NIN v. BERNARD


257 A.D.2d 417 (1999)

683 N.Y.S.2d 237

MERCEDES NIN, Appellant, v. BURTON BERNARD et al., Respondents.

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

Decided January 12, 1999.


Plaintiff commenced this action for personal injuries after she tripped near the edge of the fourth-floor landing in the stairwell of her apartment building. Photographs submitted by defendants in the motion court, which were identified by plaintiff as accurate, depict an irregular depression near the edge of the landing resulting from several small missing tiles. The depression is several inches long and less than an inch deep. Its edges are sharp rather than gradual.

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