New v. Stachowiak

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (Slobod, J), dated July 22, 2010, as granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

At the time of her accident, the plaintiff was exiting from an apartment situated above a garage on premises allegedly owned and/or controlled by the…