RILEY v. CITY OF NEW YORK


50 A.D.3d 344 (2008)

854 N.Y.S.2d 400

RONALD RILEY, Appellant, v. CITY OF NEW YORK, Defendant, and NOR-COURT MANAGEMENT, INC., et al., Respondents.

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

Decided April 8, 2008.


Plaintiff tripped over the top edge of a cellar door that was slightly elevated above the sidewalk, and his own deposition testimony established that the accident occurred in daylight in an area that he traveled on a daily basis. Defendants' motion established prima facie entitlement to summary judgment on the ground that the alleged defect was trivial, did not constitute a trap or nuisance, and was not actionable as a matter of law (see Trincere v County of Suffolk,<...

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