Gonzalez v. Club Monaco U.S., LLC

Order, Supreme Court, New York County (Anil C. Singh, J.), entered May 5, 2011, which, in an action for personal injuries sustained when plaintiff tripped and fell while exiting defendant Club Monaco US LLC’s store, denied defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to establish their entitlement to judgment as a matter of law. The photographs submitted by defendants depict a sizable irregularity on the outermost edge of a top step and fail to show that the defect at issue was trivial as a matter of law (see Abreu v…