Colella v. Marolla

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated February 4, 2002, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly sustained injuries after falling down a basement staircase in the defendants’ home. At the time of the plaintiff’s fall, he was attempting, with the assistance of another individual, to carry a washing machine down the…