Savagev. Desantis

Appeal from an order of the Supreme Court (Giardino, J.), entered January 2, 2008 in Fulton County, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint.

In this personal injury action, plaintiff Ralph L. Savage (hereinafter plaintiff) sustained injuries when he fell while walking down an interior stairwell located in the common area of a three-unit apartment building owned by defendant. Plaintiff and his wife, derivatively, allege that his injuries were caused by defendant’s breach of a duty owed to plaintiff to maintain the building in a…