Miccoli v. Kotz

In my opinion the Supreme Court correctly granted the defendant’s motion to dismiss the complaint.

As noted by the majority, the plaintiff alleges that she was injured when she fell on the exterior concrete steps leading to the front door of the defendant’s house. She further alleges that “the lack of lighting and the mat [at the top of the stairs] caused me to fall.” It is well settled that to establish a prima facie case of negligence against a defendant, a plaintiff is required to “establish that defendant either created the allegedly dangerous or defective condition or had actual or…