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SHILES v. CARILLON NURSING AND REHABILITATION CENTER LLC

54 A.D.3d 746 (2008)

864 N.Y.S.2d 439

SUSAN M. SHILES et al., Appellants, v. CARILLON NURSING AND REHABILITATION CENTER, LLC, et al., Respondents.

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

September 9, 2008.

Ordered that the order is affirmed, with costs.

The defendants established, as a matter of law, that the alleged defect in the sidewalk was trivial and nonactionable and did not possess the characteristics of a trap or nuisance (see Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]; Hecht v City of New York, 60 N.Y.2d 57 [1983]; Morris v Greenburgh Cent. School Dist. No. 7,<...

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