Silverman v. Heron

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Peck, J.), entered August 22, 2003, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs predecessor-in-interest, Vito Guadino, allegedly slipped and fell on the steps leading to the front porch of the defendant’s house during a heavy rain. Guadino testified at his *759examination before trial that the steps were made of…