Justice Debra James
Both Landlord 37-65 LLC and tenant T&W Restaurant moved for summary judgment dismissing the complaint in this action to recover damages for personal injuries suffered by Li in a slip-and-fall on a spiral staircase while Li was working at T&W. Landlord argued it was not responsible for the transient condition, claiming the lease required tenant to clean, repair and maintain the stairs. Li claimed the stairs’ tread was worn and grease on the stairs was a recurring condition. Contrary to Li’s allegation, the staircase did not qualify as interior stairs as it did not serve as a required exit from the building. Also, worn treads and grease on the stairs reflected a lack of maintenance, not a defective design, entitling landlord to summary judgment as an out-of-possession landlord. Further, the landlord’s motion for summary judgment on its claim for breach of contract for failure to procure insurance was granted as T&W did not address if procured the required insurance.