Fehrenbacher v. Berl

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 29, *4671996, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant and his wife were the owners of a house. In November 1988 the defendant placed the house on the market for sale and moved to California, leaving a set of keys to the house with a real estate agent. In August 1989 the…