Bruker v. Fischbein

Order, Supreme Court, Bronx County (Howard Silver, J.), entered June 12, 2002, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff, an interior designer, brought this action after she was injured when she fell through the bedroom floor to the basement below, while working on a renovation project at defendant’s home. Defendant denied liability and moved for summary judgment. In support of his motion, defendant submit*255ted plaintiffs deposition testimony, his own…