In this appeal stemming from a defective stairway in a Brooklyn apartment building, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s award of summary judgment to the defendant and reinstated the complaint, reasoning that the defendant’s moving papers failed to eliminate all triable issues of fact as to whether the allegedly defective condition was open and obvious, whether the defective step was inherently dangerous, and whether the defendant maintained the stairway in a reasonably safe condition.
Johnson v. 1451 Associates, L.P.