STYLIANOU v. THE ANSONIA CONDOMINIUM


49 A.D.3d 399 (2008)

853 N.Y.S.2d 342

ANN STYLIANOU, Appellant, v. THE ANSONIA CONDOMINIUM, Respondent.

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

Decided March 18, 2008.


Plaintiff failed to rebut defendant's evidence that the complained of defect was trivial in that the depth of the caulking joints for the sidewalk slabs was between one eighth of an inch and three eighths of an inch at any given point (see Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]). The entirely trivial nature of the defect was established as a matter of law and there was no need to send the case to a jury (id).<...

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