Legal Opinion

Spiegel v. Vanguard Construction & Development Co.

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

Decided April 10, 2008PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered November 9, 2006, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record establishes defendants’ entitlement to summary judgment by demonstrating that the height differential of one inch between the carpeted area of the floor and the adjacent cement floor did not have any of the characteristics of a trap or snare, and was not actionable (see Kwitny v Westchester Towers Owners Corp., 47 AD3d 495 [2008]; Martin v Lafayette Morrison Hous. Corp., 31 AD3d…

2Cases cited4 opinions

  1. Morales v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Morchik v. Trinity SchoolAppellate Division of the Supreme Court of the State of New York · 1999
  3. Kwitny v. Westchester Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Martin v. Lafayette Morrison Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Natijehbashem v. United StatesDistrict Court, E.D. New York · 2011

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