SERNA v. 898 CORPORATION

6412, 103414/08.

90 A.D.3d 560 (2011)

934 N.Y.S.2d 704

2011 NY Slip Op 9202

JOHN SERNA et al., Appellants, v. 898 CORPORATION et al., Respondents.

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

Decided December 20, 2011.


Defendants moved for summary judgment in this action for personal injuries suffered by plaintiff when an exterior metal staircase leading from the ground level to the basement of defendants' residential apartment building collapsed under his feet. We find that defendants failed to establish entitlement to judgment as a matter of law. Defendants did not demonstrate that they lacked constructive notice of the defect that caused the staircase to collapse. The deposition testimony...

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