Plaintiff alleges that he was caused to fall on a subway staircase when his heel got caught in a 3½-inch "gap" between the metal tread of one of the steps and the left wall of the staircase. He argues that the trial court's finding that he failed to establish a design defect is not dispositive of whether defendants had discharged their common-law duty to maintain the premises in a reasonably safe condition. He contends that the trial evidence, which showed a 3½...
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