Smilinich v. Mays

—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Dennis J. Smilinich (plaintiff) when he fell on rental property owned by defendant. Plaintiffs allege that the brick steps plaintiff was climbing “tilted”, causing him to fall. The steps had been repaired by defendant at some time 2 to 4 years prior to the incident. Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint. Defendant has a duty to keep his premises in a reasonably safe condition (see, Basso v Miller, 40…