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REYES v. 83 POST AVE. ASSOC., L.L.C.

8237. 22827/14.

168 A.D.3d 607 (2019)

91 N.Y.S.3d 426

2019 NY Slip Op 00566

Yocelyn Reyes, Appellant, v. 83 Post Avenue Associates, L.L.C., Respondent.

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

Decided January 29, 2019.

Defendant established its entitlement to a judgment as a matter of law, where plaintiff was injured when she slipped and fell on a marble step while descending a staircase in defendant's building. Initially, a worn marble step, without more, is not an actionable defect (see Savio v Rose Flower Chinese Rest., Inc., 103 A.D.3d 575 [1st Dept 2013]; Sims v 3349 Hull Ave. Realty Co. LLC, 106 A.D.3d 466

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