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FISHER v. SOCIETY OF THE NEW YORK HOSPITAL

271 A.D.2d 262 (2000)

707 N.Y.S.2d 43

HELEN FISHER, Respondent, v. SOCIETY OF THE NEW YORK HOSPITAL et al., Appellants.

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

Decided April 11, 2000.

Although the motion court improperly considered plaintiff's expert's affidavit on the issue of whether the street defect to which plaintiff attributes her fall was trivial (cf., Franco v Muro, 224 A.D.2d 579), its determination that the defect was not so trivial as to be nonactionable as a matter of law was proper. That conclusion was supported by a review of the relevant circumstances...

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