Marranca v. 4548 Main Street, Inc.

—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court should have denied defendant’s motion for summary judgment. The record establishes that Nicholas J. Marranca (plaintiff) was injured when he fell on the flagstone entrance to premises owned by defendant and leased by his employer. It further establishes that, before the accident, defendant had occasionally maintained and repaired the flagstones. That maintenance and repair included replacing the mortar when it became cracked and pointing up the flagstones. Summary judgment is…