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TAI WONG v. 15 MONROE REALTY INC.

Index No. 155564/18. Appeal No. 13837. Case No. 2021-00162.

194 A.D.3d 534 (2021)

2021 NY Slip Op 03131

Tai Wong, Appellant, v. 15 Monroe Realty Inc., Respondent.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Krenstel Guzman Herbert, LLP, New York ( Marcia K. Raicus of counsel), for appellant.

Gannon Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh , of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Defendant established prima facie that it was not liable for the injuries plaintiff sustained in falling down stairs by submitting plaintiff's testimony that his foot slipped because of the smoothness of the step (see DeCarbo v Omonia Realty Corp., 181 A.D.3d 438, 438 [1st Dept 2020] ["A worn marble tread, without more, is not an actionable defect"]; Richards v Kahn's Realty Corp., 114 A.D.3d 475

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