| Moore v 793-797 Garden St. Hous. Dev. Corp. |
| 2007 NY Slip Op 10029 [46 AD3d 382] |
| December 20, 2007 |
| Appellate Division, First Department |
| Marilyn Moore, Respondent, v 793-797 Garden StreetHousing Development Corporation et al., Appellants. |
—[*1] Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), forrespondent.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about June 8, 2006,which denied defendants' motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
The court properly denied the motion for summary judgment in this action where plaintiffallegedly was caused to fall when, while descending a marble staircase, the stair upon which shestepped moved from its base. Defendants failed to satisfy their initial burden of establishing alack of notice as a matter of law inasmuch as their witness had no personal knowledge of thecondition of the allegedly defective step, and defendants offered no evidence from theiremployees who were regularly at the property and dealt with tenant complaints, and could havetestified regarding the absence of any complaints about the subject step and when it was lastinspected or repaired (see Porco vMarshalls Dept. Stores, 30 AD3d 284 [2006]; Joachim v 1824 Church Ave., Inc., 12 AD3d 409, 410 [2004]).Furthermore, the record evidence including plaintiff's testimony that she complained to thesuperintendent that the steps were uneven and had broken chips, and that steps in the vicinity ofthe accident had been patched and grouted, and were the subject of violations issued by theDepartment of Housing Preservation and Development, raise triable issues regarding whetherdefendants had notice of the condition that caused plaintiff to fall (see O'Connor-Miele vBarhite & Holzinger, 234 AD2d 106 [1996]).[*2]
We have considered defendants' remaining contentionsand find them unavailing. Concur—Lippman, P.J., Andrias, Nardelli, Gonzalez andKavanagh, JJ.