RIVERA v. 2300 X-TRA WHOLESALERS, INC.


239 A.D.2d 268 (1997)

658 N.Y.S.2d 264

Lilliam Rivera et al., Respondents, v. 2300 X-Tra Wholesalers, Inc., Doing Business as Ultra Food Club, Also Known as King Randall Supermarket, Appellant, et al., Defendant

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

May 20, 1997


While plaintiff does not challenge the fact that the metal plate over which she allegedly tripped was no more than onehalf inch higher than the floor, "[t]here is no rule that a hole in a public thoroughfare must under all circumstances be of a particular depth before its existence can give rise to a legal liability" (Wilson v Jaybro Realty & Dev. Co., 289 N.Y. 410, 412). Upon the present record, we cannot say as a matter of law that this projection had "none of...

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