Appellate Division of the Supreme Court of the State of New York November 6, 1995 (Cleland v. 60-02 Woodside Corp.)

—In an action to recover *308damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dye, J.), dated June 29, 1994, which denied their motion to preclude the defendants from offering evidence at trial as to the condition of a stairway and/or stoop at the time the plaintiff Mark Cleland allegedly fell and injured himself.