Defendants never met their burden to show that the subject stairway defect was trivial as a matter of law, because the photographs relied upon by their expert indicate that the defect was repaired post-accident. The expert affidavit of professional engineer Stan S. Pitera submitted by defendants Baychester Payment Center, LLC and Wink Check Cashing Corp. does not aver that the crack at issue was unchanged between the time of the accident, October 11, 2013, and his May 20...
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