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TRINCERE v. COUNTY OF SUFFOLK

90 N.Y.2d 976 (1997)

688 N.E.2d 489

665 N.Y.S.2d 615

Esther Trincere, Appellant, v. County of Suffolk, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1997.

Attorney(s) appearing for the Case

Greshin, Ziegler & Pruzansky, Smithtown (Vincent M. Amicizia and Joel J. Ziegler of counsel), for appellant.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Robert H. Cabble and W. Scott Schneider of counsel), for respondent.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot, Robert E. Lahm and Harry Steinberg of counsel), for New York State Trial Lawyers Association, amicus curiae.

Paul A. Crotty, Corporation Counsel of New York City (Kristin M. Helmers and Alan G. Krams of counsel), for City of New York, amicus curiae.

Frank V. Kelly, New York City, Andrew Zajac, John McDonough, Elizabeth Fitzpatrick and Carol R. Finocchio for Defense Association of New York, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In the daylight hours of March 1991, plaintiff walked to the north side entrance of the H. Lee Dennison Building in Hauppauge, New York. She ascended the steps from the parking lot to a plaza area where she stumbled and fell over a cement slab that was elevated at an angle "a little over a half-inch above the surrounding paving slabs....

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