Monday, June 15, 2015

A fall down the stairs, and actionable defets.

Practice point:   The Appellate Division affirmed dismissal of the complaint claiming personal injuries sustained when plaintiff allegedly slipped on a marble step tread as he descended the stairs in defendants' building. The Appellate Division noted that plaintiff denied that any debris on the step caused his fall, and the photographs did not reveal any major defects.

Student note:   As a matter of law, the worn marble edge of the step on which plaintiff allegedly slipped is not an actionable defect.

Case:  Carrion v. Faulkner, NY Slip Op 04762 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  Substitution of a party.