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ELLIOTT v. EAST 220TH STREET REALTY COMPANY

1 A.D.3d 262 (2003)

767 N.Y.S.2d 426

CAROL ELLIOTT, Appellant, v. EAST 220TH STREET REALTY COMPANY, LLC, et al., Respondents.

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

November 20, 2003.

There is no "`minimal dimension test' or per se rule that a defect must be of a certain minimum height or depth in order to be actionable" (Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]). Even assuming that the dimensions of the defect in the stair are as depicted by and measured in the photographs of defendants' investigator, and that this depiction fairly represented the condition of the step at the time of plaintiff...

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