| Checo v 452-53rd St. Realty Corp. |
| 2010 NY Slip Op 08524 [78 AD3d 880] |
| November 16, 2010 |
| Appellate Division, Second Department |
| Jose Checo, Respondent, v 452-53rd St. Realty Corp.,Appellant. |
—[*1]
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Kings County (Jacobson, J.), dated September 11, 2009, which denied thatbranch of its motion which was for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff commenced the instant action to recover damages for injuries he allegedlysustained when he slipped and fell as a result of a broken, downwardly-sloped stair at the top of astaircase in a building owned by the defendant. To demonstrate its entitlement to judgment as amatter of law, the defendant had to establish, prima facie, that its agents or employees neithercreated the allegedly defective condition that caused the accident, nor had actual or constructivenotice of that condition for a sufficient length of time to discover and remedy it (see Pryzywalny v New York City Tr.Auth., 69 AD3d 598, 598-599 [2010]; Joseph v New York City Tr. Auth., 66 AD3d 842, 843 [2009]).However, the defendant failed to establish its prima facie entitlement to judgment as a matter oflaw (see Pryzywalny v New York City Tr. Auth., 69 AD3d at 598-599). Accordingly, theSupreme Court properly denied that branch of the defendant's motion which was for summaryjudgment dismissing the complaint, without regard to the sufficiency of the plaintiff's oppositionpapers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 852 [1985];Pryzywalny v New York City Tr. Auth., 69 AD3d at 599). Mastro, J.P., Covello,Dickerson and Roman, JJ., concur.