Durante v. Kenmore-Tonawanda Union Free School District

*1442Appeal from an order of Supreme Court, Erie County (Sedita, Jr., J.), entered September 16, 2002, which granted defendant’s motion for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by his seven-year-old daughter when she tripped and fell while ascending the stairs leading into her elementary school. Supreme Court erred in granting…