Dillenbeck v. Shovelton

Peters, EJ.

Appeal from an order of the Supreme Court (J. Sise, J.), entered March 1, 2013 in Montgomery County, which denied defendant’s motion for summary judgment dismissing the complaint.

Upon returning from work on the morning of February 7, 2011, plaintiff stepped onto the porch of her apartment building and an area of the wooden floorboards collapsed, causing her right leg to fall through the resulting opening in the porch surface. The initial collapse did not cause injury to plaintiff. However, upon extricating her right leg from the opening with the use of her left knee and right hand…