Tese-Milner v. 30 East 85th Street Co.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered April 10, 2008, which, to the extent appealed from as limited by the briefs, denied defendant 30 East 85th Street Condominium Associates’ motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

Defendant moved for summary judgment dismissing the complaint on the ground that the sidewalk defect that allegedly caused plaintiffs accident was so trivial as to be nonactionable (see Trincere v County of Suffolk, 90 NY2d 976 [1997]). After examining all “the facts…