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Tisei v. Angelo

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 332 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), entered April 2, 1996, as granted the cross motion by the defendant City of Beacon for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the defect in the sidewalk where the accident occurred was too trivial to be actionable against the defendant City of Beacon ( see, Trincere v. County of Suffolk, 232 A.D.2d 400; Guerrieri v. Summa, 193 A.D.2d 647). Bracken, J.P., O'Brien, Santucci and Friedmann, JJ., concur.

Goldstein, J., concurs on constraint of Trincere v. County of Suffolk ( 232 A.D.2d 400).


Summaries of

Tisei v. Angelo

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 332 (N.Y. App. Div. 1997)
Case details for

Tisei v. Angelo

Case Details

Full title:FRANCESCA M. TISEI et al., Appellants, v. JOSEPH ANGELO, Defendant, and…

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 332 (N.Y. App. Div. 1997)
656 N.Y.S.2d 915

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