Headley v. M&J Ltd. Partnership

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered February 6, 2009 in a *1313personal injury action. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this negligence action, defendant appeals from an order denying its motion for summary judgment dismissing the complaint. According to plaintiffs, who rented an apartment from defendant, Donna Headley (plaintiff) fell as a result of the dangerous…