Encarnacion v. Tegford Realty

Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered October 15, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Flaintiff fell on defendants’ staircase when her foot twisted in a “crater” or “hole” on the third step. The defect had appar*582ently been there since plaintiff moved into the building more than two years earlier, although at the time of the accident, she was on her way…