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WASSERMAN v. GENOVESE DRUG STORES, INC.

282 A.D.2d 447 (2001)

723 N.Y.S.2d 191

TOBY WASSERMAN et al., Appellants, v. GENOVESE DRUG STORES, INC., Defendant, and CLEARSTORY & COMPANY, Respondent.

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

Decided April 2, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Toby Wasserman was allegedly injured when she tripped and fell on a sidewalk at a shopping center. According to Mrs. Wasserman, she caught her foot on the edge of a hole between two sidewalk slabs. The Supreme Court concluded that the alleged defect was trivial and granted the motion of the defendant Clearstory & Company for summary judgment dismissing the complaint insofar...

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