But the following year, the First Department affirmed denial of summary judgment where the plaintiff alleged "that he fell because the edge of the step was worn." Hernandez v. Aldus III Assoc., LP, 115 A.D.3d 529 (1st Dep't 2014); Landahl v. City of Buffalo, 103 A.D.3d 1129 (4th Dep't 2013) ("Although U&S contends that a slip on a smooth marble step is not actionable that contention is of no n10ment inasmuch as plaintiffs allege that plaintiff fell on a stair that was worn and cupped"). To reconcile the differing conclusions between Sims and Hernande~ in its recent decision in Johnson v. Try the Place, LLC, 134 A.D.3d 569 (1st Dep't 2015), the First Uepartment observed that although the defendant conceded that the tread of the fifth step was worn, that condition was not actionable where it appeared to have been the result of normal wear and tear.