Francis v. 107-145 West 135th Street Associates, Ltd. Partnership

*600Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 10, 2009, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff asserts that a protruding metal grate covering a heater on a stairwell landing in defendant’s apartment building caught the back of her pants, causing her to fall down the stairs. We reject defendant’s argument that it is entitled to summary judgment based on plaintiffs deposition testimony that she had previously observed the protruding metal and knew that the building had an…