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ROBINSON v. BROOKS SHOPPING CENTERS, LLC

3295, 106847/11, 590387/12, 590834/13.

148 A.D.3d 522 (2017)

2017 NY Slip Op 01972

50 N.Y.S.3d 46

ROXANA ROBINSON, Appellant, v. BROOKS SHOPPING CENTERS, LLC, et al., Respondents. MACERICH MANAGEMENT CO. et al., Third-Party Plaintiffs-Appellants, v. MONTESANO BROS., INC., Third-Party Defendant-Respondent. MACERICH MANAGEMENT Co., et al., Second Third-Party Plaintiffs-Appellants, v. UGL SERVICES UNICCO OPERATIONS CO., Formerly Known as UNICCO SERVICE COMPANY, Doing Business as UGL UNICCO, Second Third-Party Defendant-Respondent.

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

Decided March 16, 2017.

Plaintiff's description of the alleged defect that caused her fall as an "uneven spot" that "wasn't as level as the other side" of a "little ridge" of concrete in the ground, without more, establishes that the alleged defect was trivial and nonactionable (see Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66 [2015]; Marcus v Namdor, Inc., 46 A.D.3d 373, 374 [1st Dept 2007]). Moreover...

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