APREA-SMITH v. SMITH

2009-01685.

71 A.D.3d 1068 (2010)

901 N.Y.S.2d 277

ANGELINA APREA-SMITH et al., Appellants, v. MIKE SMITH, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 30, 2010.


Ordered that the order is affirmed, with costs.

The injured plaintiff and her husband, suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained by the injured plaintiff when she fell while descending an interior staircase within residential premises the plaintiffs leased from the defendant. At her deposition, the injured plaintiff testified that she could not explain how she fell.

The defendant made a prima facie...

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