Rivas v. Crotona Estates Housing Development Fund Co.

*542Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 30, 2009, which, in an action for personal injuries sustained when plaintiff tripped and fell in the foyer of defendant’s building, granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

The motion court improperly determined that dismissal of the complaint was warranted on the ground that the defect that allegedly caused plaintiff’s accident was so trivial as to be nonactionable. The photographs, which show…