Appellate Division of the Supreme Court of the State of New York May 8, 2012 (Marksamer v. Engel Burman Senior Housing at Massapequa, LLC)

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Asarch, J.), entered June 23, 2011, as denied *964that branch of its motion which was for summary judgment dismissing the first cause of action alleging common-law negligence.