Perez v. Gasho of Japan, Inc.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered January 9, 2014, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted in this action where plaintiffs allege that infant plaintiff tripped over a bump in a carpet runner in defendants’ restaurant. The record shows that the subject defect was trivial and not actionable, where infant plaintiff’s mother described the runner as being “bunched up . . .a little,” with “a little lump” (see Hutchinson v Sheridan Hill House Corp.,…