Cassizzi v. Fordham University

Dismissal of the complaint was warranted in this action for personal injuries sustained by plaintiff Nicholas Cassizzi when, while descending stairs within a building on defendant’s campus, he fell down the stairs. Although any alleged inconsistency in plaintiffs deposition testimony as to how the accident occurred, and whether his foot touched the stair before he fell, raised issues of credibility that are for a trier of fact (see Cuevas *646v City of New York, 32 AD3d 372, 373 [1st Dept 2006]; Francis v New York City Tr. Auth., 295 AD2d 164 [1st Dept 2002]), the photographs of the subject stair…