MONTERO v. SOUTHERN BOULEVARD LIMITED PARTNERSHIP

2815, 13400/02

73 A.D.3d 568 (2010)

899 N.Y.S.2d 844

ALICE D. MONTERO, Appellant, v. SOUTHERN BOULEVARD LIMITED PARTNERSHIP, Respondent.

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

Decided May 18, 2010.


Plaintiff visited the premises on April 12, 2001, to pick up her paycheck from her employer, a tenant on defendant's property, when she lost her footing on the top step as she was about to descend a stairway and fell, suffering injury. She acknowledged at deposition that she had never previously noticed a lump or crack in this step, nor was she aware of any witness who had. Under these circumstances, the record creates no triable issues of fact as to whether any hazardous...

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