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RIVAS v. CROTONA ESTATES HOUSING DEVELOPMENT FUND COMPANY, INC.

3025, 300766/07.

74 A.D.3d 541 (2010)

902 N.Y.S.2d 536

CLARA A. RIVAS, Appellant, v. CROTONA ESTATES HOUSING DEVELOPMENT FUND COMPANY, INC., Respondent.

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

Decided June 10, 2010.

The motion court improperly determined that dismissal of the complaint was warranted on the ground that the defect that allegedly caused plaintiff's accident was so trivial as to be nonactionable. The photographs, which show a missing portion of a triangular tile in the lobby floor, do not unequivocally demonstrate that that defect is trivial (see Abreu v New York City Hous. Auth., 61 A.D.3d 420 [2009]). In the absence of evidence...

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