Rousseau v. Gugliuzza

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant James Gugliuzza seeking summary judgment dismissing the complaint against him and sanctions. The court also properly denied the motion of defendant David Gugliuzza, James’ brother, seeking summary judgment dismissing the complaint against him. Plaintiff commenced this action seeking damages for injuries that she sustained when she slipped and fell on an unshoveled walkway at the side of her apartment building. She rented her apartment from James, the out-of-possession landlord of the…