Elliott v. East 220th Street Realty Co.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered March 21, 2003, which granted defendants’ motion for sum*263mary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

There is no “ ‘minimal dimension test’ or per se rule that a defect must be of a certain minimum height or depth in order to be actionable” (Trincere v County of Suffolk, 90 NY2d 976, 977 [1997]). Even assuming that the dimensions of the .defect in the stair are as depicted by and measured in the photographs of defendants’ investigator, and that…