Michalowitz v. Friedman

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated January 11, 2006, which granted *1008the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

On June 28, 2002 the plaintiff allegedly was injured when he tripped and fell on a hole in the linoleum-covered kitchen floor of an apartment rented by his sister and brother-in-law. He commenced this action against the…