Bovino v. J.R. Equities, Inc.

Order, Supreme Court, New York County (Louis B. York, J.), *400entered March 11, 2008, which denied defendant J.R. Equities’ motion for summary judgment, unanimously affirmed, without costs.

There is no per se rule with respect to the dimensions of a defect that will give rise to liability on the part of a landowner or other party in control of premises (Argenio v Metropolitan Transp. Auth., 277 AD2d 165 [2000]). The motion court properly concluded that summary judgment was inappropriate since a triable issue of fact exists regarding whether the alleged defect is actionable (see generally Trincere…