Practice point: Defendant established its entitlement to judgment as a matter of law where plaintiff was injured when he slipped and fell on a
worn marble tread as he was going down the stairs in defendant's building.
The worn marble tread is not an actionable defective condition, and, other than stating that he slipped, plaintiff
was unable to explain the cause of his fall. He expressly said that he
did not slip on any dirt or debris that may have been present.
Student note: The fact that defendant's superintendent was aware that the marble step was worn
is irrelevant where the alleged defective condition is not actionable. In addition, the opinion of plaintiff's expert that the
steps were worn and could cause one to slip is speculative, and plaintiff cited no applicable Building Code violations connecting his injuries to any alleged defective condition.
Case: Sims v. 3349 Hull Ave. Realty Co., LLC, NY Slip Op 03398 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Police officers' statements and a duty of care.
