MENENDEZ v. DOBRA


301 A.D.2d 453 (2003)

753 N.Y.S.2d 366

ANGELA MENENDEZ, Appellant, v. SIME DOBRA et al., Respondents, et al., Defendants.

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

Decided January 23, 2003.


The motion court properly considered all factors relevant to assessing the magnitude of the hazard posed by the complained of defect (see Trincere v County of Suffolk, 90 N.Y.2d 976) and properly concluded that the defect, which appears from the record to have been shallow and gently graded and to have had none of the characteristics of a trap or snare, was not actionable (see Santiago v United Artists Communications,

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