Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellant.

Krentsel & Guzman, LLP, New York (Marcia K. Raicus of counsel), for respondent.

Order, Supreme Court, Bronx County (Llinét M. Rosado, J.), entered April 10, 2019, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to establish its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he tripped and fell as he ascended the exterior stairs of the building in which he lived. The motion court properly rejected defendant's argument that the defect on the stair was trivial as a matter of law. The photographs in the record show that the subject step has a space between its metal riser and the concrete underneath it that might have been capable of catching plaintiff's shoe (see e.g. Abreu v New York City Hous. Auth., 61 AD3d 420 [1st Dept 2009]). Concur—Gische, J.P., Tom, Kapnick, Kern, Moulton, JJ. [Prior Case History: 63 Misc 3d 1212(A), 2019 NY Slip Op 50509(U).]