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This sis an action by a business invitee against a building maintenance operator to recover for personal injuries suffered as the result of a fall. Plaintiff appeals from a summary judgment in favor of defendant. In this opinion we sustain plaintiff’s contention that a triable issue of fact has been raised in the declarations in opposition to the motion.

By her complaint plaintiff seeks to recover damages from Wood for personal injuries suffered as a result of a fall. Her cause of action grows out of the fact that defendant Wood, doing business as K. W. Building Maintenance, performed janitorial services in a building owned by a Dr. Polentz, the tenant therein being a Dr. Leon.

Prior to the filing of her complaint the plaintiff and the two doctors negotiated a settlement through insurance adjusters *643 and plaintiff’s attorney. Releases were executed by plaintiff, her husband and the two doctors.

Following execution of the releases plaintiff filed an action against Wood based on his claimed negligence in maintenance operations in the building which, she asserts, proximately caused her injury. Defendant answered the complaint, raised several affirmative defenses among which…