Berr v. Grant

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 6, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff rented a house with a back deck containing a pool and hot tub from defendants. He testified that, while hosting a party on the deck, he sustained injuries when he was walking on a narrow brick passageway between the swimming pool and hot tub, and slipped and fell into the tub.

In support of their motion, defendants failed to submit admissible evidence sufficient to demonstrate that the…