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BRUCE SIMS, plf-ap, v. 3349 HULL AVENUE REALTY CO. LLC, def-res

10033. BRUCE SIMS, plf-ap, v. 3349 HULL AVENUE REALTY CO. LLC, def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Carol R. Finocchio, New York, and The Chartwell Law Offices, LLP, New York (William H. Grae of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 10, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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10033. BRUCE SIMS, plf-ap, v. 3349 HULL AVENUE REALTY CO. LLC, def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Carol R. Finocchio, New York, and The Chartwell Law Offices, LLP, New York (William H. Grae of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 10, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff was injured when he slipped and fell on a worn marble tread as be descended the stairs in defendant’s building. The worn marble tread is not an actionable defective condition (see Murphy v. Conner, 84 NY2d 969, 971-972 [1994]; Cintron v. New York City Tr. Auth., 77 AD3d 410, 411 [1st Dept 2010]; Pena v. Women’s Outreach Network, Inc., 35 AD3d 104, 111 [1st Dept 2006]), and other than stating that he slipped, plaintiff was unable to explain the cause of his fall, and expressly said that he did not slip on any dirt or debris that may have been present (see Reed v. Piran Realty Corp., 30 AD3d 319 [1st Dept 2006], lv denied 8 NY3d 801 [2007]).

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