Fluksik v. Delmar Owners, Inc.

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of *668the Supreme Court, Queens County (Price, J.), dated January 2, 1997, which, upon the granting of the defendant’s motion to dismiss the complaint for failure to establish a prima facie case made at the close of the plaintiffs evidence, is in favor of the defendant dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff fell in the stairway of the defendant’s building after he missed a step which he claimed he was unable to see because of the design of the stairs and…