Torres v. 1420 Realty

— Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered July 20, 2012, which granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff sustained injuries when she fell after the paint bucket she was using as a step stool tilted over, allegedly due to the uneven condition of the floor of her apartment in defendants’ building. Plaintiff’s independent and superseding act of using the paint bucket as a step stool, which was placed on an uneven floor, was not foreseeable, thereby breaking the…