AGUILAR v. NEW YORK CITY TRANSIT AUTHORITY


271 A.D.2d 238 (2000)

706 N.Y.S.2d 329

CARMEN AGUILAR, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents and Third-Party Plaintiffs-Respondents. FLORENCE XVI CENTURY MARBLE, INC., et al., Third-Party Defendants-Respondents.

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

Decided April 6, 2000.


The complaint was properly dismissed upon a finding that the defect was trivial as a matter of law (see, Trincere v County of Suffolk, 90 N.Y.2d 976

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