GUERRIERO v. JAND


57 A.D.3d 365 (2008)

870 N.Y.S.2d 12

JOANN GUERRIERO, Appellant, v. FERDINAND JAND et al., Respondents.

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

December 18, 2008.


Plaintiff fell on a marble step that contained a hairline crack and allegedly a small v-shaped chip, and her deposition testimony showed that the accident occurred in a lighted area that she traveled several times a day. The Jand defendants established a prima facie entitlement to summary judgment since the alleged defect, which was six inches long and one sixty-fourth of an inch wide, was trivial, did not constitute a trap or nuisance, and was not actionable as a matter...

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