LANCE v. DEN-LYN REALTY CORP.

4986, 18982/07.

84 A.D.3d 470 (2011)

922 N.Y.S.2d 362

BARBARA LANCE, Appellant, v. DEN-LYN REALTY CORP., Respondent.

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

Decided May 5, 2011.


Plaintiff alleges that she sustained injuries when she stepped on a stair of an apartment building staircase and a piece of the stair broke off, causing her to fall. The trial court properly found that the defendant building owner established prima facie that it did not have notice of the alleged defect based on plaintiff's testimony that she never noticed any defect in the particular stair or that section of the staircase, although she used it every day, and the testimony...

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