Sparks v. Baldoni

This is a motion for an order, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, dismissing the second cause of action contained in paragraphs “11” through “17” inclusive of the plaintiff’s amended complaint.

The plaintiff was the lessee of a first-floor apartment owned by the defendants at the time of the accident. In order for the plaintiff to get to her apartment, she was required to enter onto a second-story porch and to descend a stairway to the first-floor porch. These are conceded to be exterior porches *949and stairways. The plaintiff alleges that she returned home on…