FIGUEROA v. HAVEN PLAZA HOUS. DEV. FUND CO., INC.


247 A.D.2d 210 (1998)

668 N.Y.S.2d 203

Giselle Figueroa, Appellant, v. Haven Plaza Housing Development Fund Company, Inc., et al., Respondents

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

February 3, 1998


In this action for damages arising out of a trip and fall over a depression in a walkway, summary judgment was properly granted. The shallow, gradual character of the depression, measured by plaintiff to be an inch and one-half is readily discernible in plaintiff's photographs. Viewing the affidavits and exhibits in the light most favorable to plaintiff, we conclude that the court properly considered all the relevant circumstances (see, Trincere v County of Suffolk...

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