Opinion
8659 Index 301106/14
03-12-2019
Amalia MORALES, Plaintiff–Appellant, v. 320 E. 176TH STREET, LLC, Defendant–Respondent.
The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for appellant. Kaufman Borgeest & Ryan LLP, Valhalla (Jason David Lewis of counsel), for respondent.
The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for appellant.
Kaufman Borgeest & Ryan LLP, Valhalla (Jason David Lewis of counsel), for respondent.
Gische, J.P., Webber, Kern, Singh, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about January 31, 2018, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff was injured when, while walking down a staircase in defendant's building, her foot struck a hole in the stairs, causing her to fall from the third floor to the second floor. Defendant failed to establish entitlement to judgment as a matter of law by submitting evidence refuting plaintiff's testimony identifying the cause of her fall (see Johnson v. 675 Coster St. Housing Dev. Fund, 161 A.D.3d 635, 77 N.Y.S.3d 406 [1st Dept. 2018] ; Figueroa v. City of New York, 126 A.D.3d 438, 440, 5 N.Y.S.3d 62 [1st Dept. 2015] ). Defendant's challenge to the credibility of plaintiff's evidence is a matter for resolution by a trier of fact (see Porteous v. J–Tek Group, Inc., 125 A.D.3d 411, 3 N.Y.S.3d 17 [1st Dept. 2015] ).