Buckowski v. Smith

Appeal from an amended order of the Supreme Court (Brown, J.), entered October 1, 1991 in Saratoga County, which, inter alia, denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff was the lessee of premises owned by defendants in the Town of Wilton, Saratoga County. Wooden planks had been embedded in the earthen slope near the driveway and served as makeshift stairs that led to the garage. In January 1987, plaintiff stepped on one of these planks during a light snow fall and fell on her tailbone injuring herself. As a consequence, she commenced this action in…