MORALES v. RIVERBAY CORP.


226 A.D.2d 271 (1996)

641 N.Y.S.2d 276

Lillian Morales, Respondent, v. Riverbay Corporation, Appellant

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

April 25, 1996


Plaintiff was allegedly injured when she tripped on a sidewalk in Coop City, which is owned and operated by defendant Riverbay Corporation. Plaintiff testified that the sidewalk was not level, with a displacement of "[a]bout an inch."

It is settled that "[t]he owner of a public passageway may not be cast in damages for negligent maintenance by reason of trivial defects on a walkway, not constituting a trap or nuisance, as a consequence of which a pedestrian might...

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