EVANS v. PYRAMID CO. OF ITHACA


184 A.D.2d 960 (1992)

Connie Evans et al., Appellants, v. Pyramid Company of Ithaca et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 18, 1992


Casey, J.

The only issue raised on this appeal is whether, as a matter of law, the defect which allegedly caused plaintiff Connie Evans (hereinafter plaintiff) to fall is so trivial that it cannot give rise to actionable negligence. The defect consists of an elevation difference between the concrete sidewalk and granite curbing located outside of defendants' shopping mall. According to evidence in the record the elevation difference is between one half...

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