Legal Opinion · Dissent

Trincere v. County of Suffolk

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

Decided October 7, 1996Published

1DissentKrausman, J.

and votes to reverse the judgment appealed from, deny the defendant’s motion, and order a new trial with the following memorandum in which Goldstein, J., concurs. I disagree with my colleagues’ conclusion that the defect which caused the plaintiff’s fall was so slight and trivial that it does not, as a matter of law, constitute a dangerous condition.

During a brief jury trial, the plaintiff Esther Trincere testified that she tripped and fell over an elevated paving slab in the plaza leading to the north entrance of the Suffolk County District Court building in Hauppauge. The plaintiff…

2Cases cited21 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Hecht v. City of New YorkNew York Court of Appeals · 1983
  3. Guerrieri v. SummaAppellate Division of the Supreme Court of the State of New York · 1993
  4. Batton v. ElghanayanNew York Court of Appeals · 1978
  5. Farrar v. TeicholzAppellate Division of the Supreme Court of the State of New York · 1991

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