Guerriero v. Jand
Appellate Division of the Supreme Court of the State of New York
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
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Martin v. Lafayette Morrison Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by2 opinions
- Grosskopf v. 8320 Parkway Towers Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Encarnacion v. Tegford RealtyAppellate Division of the Supreme Court of the State of New York · 2009