Opinion
June 2, 1998
Appeal from the Supreme Court, Bronx County (Stanley Green, J.).
We agree with the motion court that the danger potentially posed by the stairway defect alleged by plaintiff to be the cause of her injury is of sufficient magnitude to raise a triable issue as to whether a dangerous or defective condition in fact existed (cf., Trincere v. County of Suffolk, 90 N.Y.2d 976). There was, in addition, sufficient evidence to raise a triable issue as to whether defendant had constructive notice of that defect, since plaintiff and her daughter both testified that they had observed the defect some six months prior to plaintiff's accident. We note in this connection that the claimed defect, involving the erosion of concrete from underneath the outer metal stripping of a step, was not transient in nature (see, e.g., Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967).
Concur — Ellerin, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.