MORALES v. 320 E. 176TH ST., LLC

8659, 301106/14.

170 A.D.3d 480 (2019)

93 N.Y.S.3d 841

2019 NY Slip Op 01711

Amalia Morales, Appellant, v. 320 E. 176th Street, LLC, Respondent.

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

Decided March 12, 2019.


Plaintiff was injured when, while walking down a staircase in defendant's building, her foot struck a hole in the stairs, causing her to fall from the third floor to the second floor. Defendant failed to establish entitlement to judgment as a matter of law by submitting evidence refuting plaintiff's testimony identifying the cause of her fall (see Johnson v 675 Coster St. Hous. Dev. Fund, 161 A.D.3d 635 [1st Dept 2018]; Figueroa...

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