Fisher v. Society of the New York Hospital

—Order, Supreme Court, New York County (Louis York, J.), entered on or about January 11, 1999, which denied defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Although the motion court improperly considered plaintiffs expert’s affidavit on the issue of whether the street defect to which plaintiff attributes her fall was trivial (cf., Franco v *263Muro, 224 AD2d 579), its determination that the defect was not so trivial as to be nonactionable as a matter of law was proper. That conclusion was supported by a review of the relevant circumstances,…