SULCA v. BARRY HERS REALTY, INC.


29 A.D.3d 779 (2006)

815 N.Y.S.2d 204

MARIA SULCA, Appellant, v. BARRY HERS REALTY, INC., et al., Respondents.

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

May 16, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff alleges that she tripped and fell on a metal strip on the stairway of the apartment building where she resided. The plaintiff testified at her deposition that the portion of the metal strip on the edge of the stair, which caused her to trip, was raised upward one quarter of an inch. The defendants, based upon the plaintiff's testimony and the photographs which indisputably reflected the condition of the...

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