Ashton v. EQR-140 Riverside A, LLC

OPINION OF THE COURT

Order and judgment (one paper), entered December 5, 2012, reversed, with $30 costs, and judgment directed in favor of defendants dismissing the complaint. Appeal from order, entered September 4, 2012, dismissed, without costs, as subsumed in the appeal from the judgment.

This action seeks damages for personal injuries allegedly sustained by plaintiff when she tripped and fell on a recessed vestibule carpet in the lobby of her apartment building. The carpet was set (and glued) into a well and surrounded by a marble floor. According to plaintiff, and as expressly found by the…