HANES, JAY W. v. NARRACCI, ROBERT N.

Memorandum: Plaintiff commenced this action seeking damages for injuries he allegedly sustained when he slipped and fell down the exterior stairway of a building owned by defendant. Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. Defendant submitted evidence that, during the winter months, a gap between the roof and the gutter caused icicles to form and drip onto the stairway, resulting in the formation of black ice thereon. We reject defendant’s contention that he was entitled to judgment as a matter of law based upon plaintiffs testimony…