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KATZ v. 260 PARK AVE. S. CONDOMINIUM ASSOC.

8252. 155146/13.

168 A.D.3d 615 (2019)

92 N.Y.S.3d 255

2019 NY Slip Op 00578

Cohl Katz, Respondent, v. 260 Park Avenue South Condominium Associates et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 29, 2019.

Defendants established prima facie that the defect in the step on which plaintiff allegedly slipped and fell did not constitute an unsafe condition via photographs that showed no large cracks or holes in the step and an expert affidavit opining that the measured height differential of between 1/4 to 3/8 of an inch was trivial (see McCullough v Riverbay Corp., 150 A.D.3d 624 [1st Dept 2017...

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