Summary
finding "uneven pavement" and the "incline of the slope" as conditions too trivial to be actionable
Summary of this case from Punch v. Nederlander Theatrical Corp.Opinion
No. 2262.
December 18, 2007.
Order, Supreme Court, New York County (Judith J. Gische, J.), entered August 2, 2006, which, to the extent appealed from, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Joelson Rochkind, New York (Kenneth Joelson of counsel), for appellant.
Cartafalsa, Slattery, Turpin Lenoff, New York (Michael Lenoff of counsel), for Namdor, Inc. and Gristede's Foods NY, Inc., respondents.
Kral Clerkin Redmond Ryan Perry Girvan, LLP, Smithtown (James V. Derenze of counsel), for The Great Atlantic Pacific Tea Company, Inc., respondent.
Ingram Yuzek Gainen Carroll Bertolotti, LLP, New York (Jessica L. Rothman of counsel), for Ansonia Associates, Limited Partnership, respondent.
Before: Tom, J.P., Friedman, Williams, McGuire and Kavanagh, JJ.
The 80-year-old plaintiff fell while exiting a Gristede's supermarket on a February evening in 2003. She testified at her deposition that she "took a step and there was a slope and I lost my balance and went down, fell," and that she had lost her balance due to the "uneven pavement" and the "incline of the slope." The court properly found, upon consideration of all the evidence, defendants had sufficiently established that the condition cited by plaintiff as the cause of her injury was too trivial to be actionable (see Trincere v County of Suffolk, 90 NY2d 976).