JACOBSEN v. KRUMHOLZ


41 A.D.3d 128 (2007)

836 N.Y.S.2d 603

GRACE JACOBSEN, Respondent, v. MICHAEL P. KRUMHOLZ et al., Defendants, and ECKERD CORPORATION, Appellant.

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

Decided June 5, 2007.


In this action seeking damages for personal injuries allegedly resulting from a trip and fall on the border of a parking lot surface and the adjoining sidewalk, there were triable issues of fact as to whether the defect was trivial and as to whether defendant had constructive notice. The photographs depicted a lengthy irregular depression with a jagged edge (see Argenio v Metropolitan Transp. Auth.,

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