Harp v. O'Neil

Appeal from an order of the Supreme Court (Torracca, J.), entered October 31, 1997 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Philip Harp was descending an interior staircase in a two-story single-family residence owned by defendant and leased to Harp’s brother-in-law when a stair tread suddenly collapsed, causing Harp to fall inside the staircase and sustain injuries. Harp, and his wife derivatively, thereafter commenced this action alleging that defendant was negligent in failing to use reasonable care to maintain the staircase…