Legal Opinion

Guerriero v. Jand

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2008PublishedCited by 2 opinions

1Opinion of the Court

*366Plaintiff fell on a marble step that contained a hairline crack and allegedly a small v-shaped chip, and her deposition testimony showed that the accident occurred in a lighted area that she traveled several times a day. The Jand defendants established a prima facie entitlement to summary judgment since the alleged defect, which was six inches long and one sixty-fourth of an inch wide, was trivial, did not constitute a trap or nuisance, and was not actionable as a matter of law (see Trincere v County of Suffolk, 90 NY2d 976 [1997]; Martin v Lafayette Morrison Hous. Corp., 31 AD3d 300 [2006]).…

2Cases cited3 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  3. Martin v. Lafayette Morrison Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. Grosskopf v. 8320 Parkway Towers Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Encarnacion v. Tegford RealtyAppellate Division of the Supreme Court of the State of New York · 2009

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