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SOLOMON v. DIEGO BEEKMAN MUTUAL HOUSING DEVELOPMENT FUND CORP.

28780/17E. Appeal No. 12977. Case No. 2020-03967.

190 A.D.3d 660 (2021)

136 N.Y.S.3d 739

2021 NY Slip Op 00514

Tracy W. Solomon, Respondent, v. Diego Beekman Mutual Housing Development Fund Corp., Appellant.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Molod Spitz & DeSantis, P.C., New York ( David Owens and Marcy Sonneborn of counsel), for appellant.

Mirman, Markovitz & Landau, P.C., New York ( David Weissman of counsel), for respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

Plaintiff commenced this action for personal injuries allegedly sustained when she tripped and fell as she ascended the interior staircase of defendant's building. Defendant failed to establish, prima facie, that the gap on the stairway riser on which plaintiff allegedly caught her flip-flop was trivial as a matter of law (see Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66, 81-82 [2015]; Arpa v 245 E. 19 Realty LLC,...

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