Opinion
208 158935/12.
02-11-2016
Leonardo LOPEZ–RAMOS, Plaintiff–Respondent, v. NEW YORK CITY HOUSING AUTHORITY, et al., Defendants–Appellants.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellants. Matthew Gaisi, New York, for respondent.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellants.
Matthew Gaisi, New York, for respondent.
Opinion
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 10, 2015, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Dismissal of the complaint is warranted in this action where plaintiff alleges that he was injured when, while descending the interior stairway in defendants' building, he slipped and fell down the stairs. Although plaintiff submitted evidence showing areas of worn paint by the metal nosing of the stairs, such a condition is not an actionable defect under the circumstances presented (see e.g. Sims v. 3349 Hull Ave. Realty Co. LLC, 106 A.D.3d 466, 965 N.Y.S.2d 869 1st Dept.2013; Budano v. Gurdon, 110 A.D.3d 543, 973 N.Y.S.2d 175 1st Dept.2013 ).
SWEENY, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.