Martinez v. Melendez

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Grays, J.), dated March 29, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.

*1000Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiffs commenced this action against their landlord alleging that a dangerous and defective condition on the hallway stairs was a proximate cause of a trip and fall by the plaintiff Anthony Dique, then nine years old. At an examination before trial, Dique…