Figueroa v. Haven Plaza Housing Development Fund Co.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about January 6, 1997, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action for damages arising out of a trip and fall over a depression in a walkway, summary judgment was properly granted. The shallow, gradual character of the depression, measured by plaintiff to be an inch and one-half is readily discernible in plaintiff’s photographs. Viewing the affidavits and exhibits in the light most favorable to plaintiff, we conclude that the…