From Casetext: Smarter Legal Research

Maiello v. Eastchester Union Free School Dist

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2004
8 A.D.3d 536 (N.Y. App. Div. 2004)

Opinion

2004-00339.

Decided June 21, 2004.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered December 9, 2003, which denied its motion for summary judgment dismissing the complaint.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for appellant.

Gaines, Gruner, Ponzini Novick, LLP, White Plains, N.Y. (Steven H. Gaines and Ted A. Novick of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, ROBERT A. LIFSON, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On November 6, 2001, the plaintiff Louise Maiello tripped and fell when her shoe allegedly became caught in a seam in the front walkway of the Anne Hutchinson Elementary School in Eastchester.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting photographs revealing that the alleged defect, which did not have any of the characteristics of a trap or nuisance, was too trivial to be actionable ( see DiNapoli v. Huntington Hosp., 303 A.D.2d 359, 360; Neumann v. Senior Citizens Ctr., 273 A.D.2d 452, 453). In opposition, the plaintiffs failed to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557).

SANTUCCI, J.P., TOWNES, CRANE and LIFSON, JJ., concur.


Summaries of

Maiello v. Eastchester Union Free School Dist

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2004
8 A.D.3d 536 (N.Y. App. Div. 2004)
Case details for

Maiello v. Eastchester Union Free School Dist

Case Details

Full title:LOUISE MAIELLO, ET AL., respondents, v. EASTCHESTER UNION FREE SCHOOL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 2004

Citations

8 A.D.3d 536 (N.Y. App. Div. 2004)
778 N.Y.S.2d 716

Citing Cases

Zelichenko v. 301 Oriental Boulevard, LLC

elevation, irregularity and appearance of the defect along with the ‘time, place and circumstance’ of the…

Westerberg v. AMF Bowling Ctrs. Inc.

The court in determining if the defect is trivial, is required to examine all the facts presented, including…