Aprea-Smith v. Smith

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Starkey, J.), dated January 13, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff and her husband, suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained by the injured plaintiff when she fell while descending an interior staircase within residential premises the plaintiffs leased from the defendant. At her…