causes, the First Department says "no" in Carrion v. Faulkner, 2015 NY Slip Op 05271 (1st Dep't, 6/18/15). The reasoning is quite scanty, as it should be, for it makes little sense, except historically.
Understand, we deal here with a "pure" marble step that is merely worn. There is no debris on the step which cause plaintiff's fall. In relying on cases such as its decision in Richards v. Kahn's Realty Corp., 114 A.D.3d 475 (1st Dep't 2014), the court reminds us that "[t]he slippery condition of marble stairs due to their smoothness is not an actionable defect." Richards' citation for that principle is Sims v. 3349 Hull Avenue Realty, 106 A.D.3d 466 (1st Dep't 2013) which involved a "worn marble tread." In turn, Sims cites to Murphy v. Conner, 84 N.Y.2d 969 (1994), which states that where plaintiff offers no evidence of the reasons for her fall other than smooth floor tiles, such as that they were wet or over-polished, there is no liability. In other words, sure marble is inherently dangerous as a floor covering, but not in the enchanted world that we lawyers live in, where there is nothing more counter-intuitive than common sense.