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TRINIDAD v. NEW YORK CITY TRASIT AUTHORITY

60 A.D.3d 437 (2009)

873 N.Y.S.2d 488

FRANCES TRINIDAD, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided March 5, 2009.

Contrary to defendant's argument, plaintiff consistently testified that his foot got stuck in a crack in the stairs.

Due to the poor quality of the photographs it submitted, defendant failed to demonstrate as a matter of law that the crack in the stairs was so trivial as to be nonactionable (see Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]; Figueroa v Haven Plaza Hous. Dev. Fund Co., 247 A.D...

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