DeCarbo v. Omonia Realty Corp.

Summary

The Appellate Division, First Department, reversed the denial of defendants' motion for summary judgment in a premises-liability action involving a plaintiff who slipped on a worn marble stair tread. The court held that a worn marble tread, without more, was not an actionable defect and that plaintiff's evidence failed to raise a triable issue of fact regarding inadequate slip resistance or causation.

Holdings

1. A worn marble tread, without more, is not an actionable defect.
2. Plaintiff failed to raise a triable issue of fact because her experts did not establish that the stair treads lacked adequate slip resistance under an accepted industry standard.
3. Plaintiff's expert affidavits did not raise a triable issue of fact because their opinions regarding the cause of the slip were speculative.

Questions Presented

1. Whether a worn marble stair tread, without more, constitutes an actionable dangerous condition supporting a premises-negligence claim.
2. Whether plaintiff's expert submissions raised a triable issue of fact concerning inadequate slip resistance or the cause of her fall.
3. Whether defendants were entitled to summary judgment dismissing the negligent ownership, management, and maintenance claim.

Disposition

reversed