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Menendez v. Dobra

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 2003
301 A.D.2d 453 (N.Y. App. Div. 2003)

Opinion

47

January 23, 2003.

Order, Supreme Court, New York County (Jane Solomon, J.), entered November 9, 2001, which, inter alia, granted the cross motion of defendants-respondents for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Alexander J. Wulwick, for plaintiff-appellant.

Marshall D. Sweetbaum, for defendants-respondents.

Mazzarelli, J.P., Saxe, Sullivan, Williams, Gonzalez, JJ.


The motion court properly considered all factors relevant to assessing the magnitude of the hazard posed by the complained of defect (see Trincere v. County of Suffolk, 90 N.Y.2d 976) and properly concluded that the defect, which appears from the record to have been shallow and gently graded and to have had none of the characteristics of a trap or snare, was not actionable (see Santiago v. United Artists Communications, 263 A.D.2d 407, 408;Figueroa v. Haven Plaza Hous. Dev. Fund Co., 247 A.D.2d 210). We note in this connection the absence of evidence indicating that the defect, although apparently trivial, nonetheless posed a significant hazard by reason of its location or adverse weather or lighting conditions (cf. McKenzie v. Crossroads Arena, 291 A.D.2d 860, 861, lv dismissed 98 N.Y.2d 647; Nin v. Bernard, 257 A.D.2d 417, 418;Tesak v. Marine Midland Bank, 254 A.D.2d 717, 718).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Menendez v. Dobra

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 2003
301 A.D.2d 453 (N.Y. App. Div. 2003)
Case details for

Menendez v. Dobra

Case Details

Full title:ANGELA MENENDEZ, Plaintiff-Appellant, v. SIME DOBRA, ET AL.…

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

Date published: Jan 23, 2003

Citations

301 A.D.2d 453 (N.Y. App. Div. 2003)
753 N.Y.S.2d 366

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