Evans v. Pyramid Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Monserrate, J.), entered July 23, 1991 in Tompkins County, which granted defendants’ motion for summary judgment dismissing the complaint.
The only issue raised on this appeal is whether, as a matter of law, the defect which allegedly caused plaintiff Connie Evans (hereinafter plaintiff) to fall is so trivial that it cannot give rise to actionable negligence. The defect consists of an elevation difference between the concrete sidewalk and granite curbing located outside of defendants’ shopping mall. According to evidence in the record the elevation…
2Cases cited10 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Loughran v. City of New YorkNew York Court of Appeals · 1948
- Wilson v. Jaybro Realty & Development Co.New York Court of Appeals · 1943
- Mascaro v. StateNew York Court of Appeals · 1976
- Mascaro v. StateAppellate Division of the Supreme Court of the State of New York · 1974
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