Opinion
March 30, 1998
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff fell in the stairway of the defendant's building after he missed a step which he claimed he was unable to see because of the design of the stairs and allegedly poor lighting. At the commencement of trial, counsel for both the plaintiff and the defendant consented to place certain photographs in evidence which the plaintiff's counsel stipulated were fair and accurate representations of the staircase at the time of the accident. The photographs constituted sufficient evidence to support the trial court's finding that, as a matter of law, the plaintiff had failed to establish a prima facie case of negligence (see, Stillman v. Frankel, 44 A.D.2d 821, affd 36 N.Y.2d 899).
The plaintiff's remaining contentions are without merit.
Thompson, J. P., Joy, Florio and Luciano, JJ., concur.