Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action to recover damages for personal injuries allegedly sustained when he tripped and fell on a staircase inside the 63rd Drive—Rego Park subway station, in Queens. Following discovery, the defendant moved for summary judgment dismissing the complaint, arguing that the alleged defect was trivial as a matter of law and, therefore, not actionable, and that...
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