Ricker v. Board of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated May 12, 2008, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. “[T]here is no ‘minimal dimension test’ or per se rule that a defect must be of a certain minimum height or depth in order to be actionable” (Trincere v County of Suffolk, 90 NY2d 976, 977 [1997]). Rather, a…
2Cases cited8 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
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