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SPIEGEL v. VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY

50 A.D.3d 387 (2008)

860 N.Y.S.2d 11

JAMES SPIEGEL, Appellant, v. VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY et al., Respondents.

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

Decided April 10, 2008.

The record establishes defendants' entitlement to summary judgment by demonstrating that the height differential of one inch between the carpeted area of the floor and the adjacent cement floor did not have any of the characteristics of a trap or snare, and was not actionable (see Kwitny v Westchester Towers Owners Corp., 47 A.D.3d 495 [2008]; Martin v Lafayette Morrison Hous. Corp., 31 A.D.3d 300

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