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DECARBO v. OMONIA REALTY CORP.

11205, 25702/17E.

181 A.D.3d 438 (2020)

120 N.Y.S.3d 315

2020 NY Slip Op 01555

Vanessa DeCarbo, Respondent, v. Omonia Realty Corp. et al., Appellants.

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

Decided March 5, 2020.

Defendants established their entitlement to judgment as a matter of law in this action where plaintiff was injured when, while descending interior stairs in defendants' building, she slipped and fell on a marble step that had a worn tread. A worn marble tread, without more, is not an actionable defect (see Sims v 3349 Hull Ave. Realty Co. LLC, 106 A.D.3d 466 [1st Dept 2013]; Savio v...

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