Dennis v. Poughkeepsie Galleria Co.

Mikoll, J. P.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Jiudice, J.), entered October 31, 1991 in Dutchess County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiffs commenced this action to recover damages for personal injuries allegedly sustained by plaintiff Louis Dennis, Jr. (hereinafter plaintiff) when he fell while walking down a *1019green marble spiral staircase between the first and second floors of Poughkeepsie Galleria Mall (hereinafter the mall) in the Town of…