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SIMS v. 3349 HULL AVE. REALTY CO. LLC

10033, 309883/09.

106 A.D.3d 466 (2013)

965 N.Y.S.2d 869

2013 NY Slip Op 3398

BRUCE SIMS, Appellant, v. 3349 HULL AVENUE REALTY CO. LLC, Respondent.

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

Decided May 9, 2013.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff was injured when he slipped and fell on a worn marble tread as be descended the stairs in defendant's building. The worn marble tread is not an actionable defective condition (see Murphy v Conner, 84 N.Y.2d 969, 971-972 [1994]; Cintron v New York City Tr. Auth., 77...

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