Armonioso v. O'Reilly

The motion to dismiss the complaint in this lawsuit is granted.' This is an action for personal injuries allegedly sustained by the plaintiff when he was precipitated down a common stairway in a hallway as the result of an allegedly defective carpet or stair covering.

Among other arguments advanced by the defendant in this motion to dismiss, the most cogent is the failure of actual or constructive notice to the defendant by the plaintiff.

It is a general and well-settled rule that where it is claimed that a person is injured through the defective maintenance of a stairway, the owner or…