Howell v. Gagliano

Order unanimously affirmed, without costs. Memorandum: Defendant appeals from an order of Supreme Court, Monroe County which denied defendant’s motion for an order granting summary judgment. Plaintiff, Diane Howell, was injured when she fell from a porch attached to a home in which she and her husband were tenants of defendant, the owner, under the terms of a month-to-month tenancy. Defendant’s motion for summary judgment was based on the grounds that there were no facts in the record indicating that the defendant owed a duty to the plaintiffs to keep the leased premises in repair and that in…