Perez & Morris LLC, New City (Michael J. Glidden of counsel), for appellant.

Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for respondent.

Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered January 23, 2019, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff has sufficiently raised a factual issue based on her deposition testimony that the stool collapsed when she attempted to sit on it, and any inconsistencies in her testimony in this regard raise credibility issues for a jury to determine (see Narvaez v 2914 Third Ave. Bronx, LLC, 88 AD3d 500, 501 [1st Dept 2011]).

We have considered defendant's remaining contentions and find them unavailing. Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.