Ordered that the order is affirmed, with costs.
On December 11, 2006, the plaintiff allegedly tripped and fell on the carpeted stairs of the defendant's house. The defendant established his prima facie entitlement to judgment as a matter of law by submitting proof that there was no defect in the subject carpeting, and that the carpeting was in good condition and was not worn, torn, or raised. Further, the defendant testified at his deposition that there had not been...
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