Menendez v. Dobra
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Jane Solomon, J.), entered November 9, 2001, which, inter alia, granted the cross motion of defendants-respondents for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court properly considered all factors relevant to assessing the magnitude of the hazard posed by the complained of defect (see Trincere v County of Suffolk, 90 NY2d 976) and properly concluded that the defect, which appears from the record to have been shallow and gently graded and to have had none of the characteristics of a trap or snare, was not…
2Cases cited6 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Tesak v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1998
- Nin v. BernardAppellate Division of the Supreme Court of the State of New York · 1999
- Santiago v. United Artists Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Figueroa v. Haven Plaza Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 1998
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