Goldberger v. Goldberger

*950In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Rivera, J.), dated April 15, 2005, as denied their motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

In support of their motion for summary judgment, the defendants offered, inter alia, the deposition testimony of the plaintiff, who stated that he fell when a chair in the bedroom he was occupying in the defendants’ home “broke.” It is undisputed that the elderly plaintiff was…