Epps v. Bibicoff

Appeal from an order of the Supreme Court (Buchanan, J.), entered July 12, 2013 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.

In September 2009, plaintiff was in an alleyway between defendants’ rental property and his residence when a slate tile from defendants’ roof allegedly fell and struck him on his right shoulder, causing him injury. Plaintiff commenced this action against defendants to recover for the injuries he sustained. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint.…