LOVETERE v. MEADOWLANDS SPORTS COMPLEX

1928, 153068/13.

143 A.D.3d 539 (2016)

2016 NY Slip Op 06774

39 N.Y.S.3d 146

ROSANNE LOVETERE, Appellant, v. MEADOWLANDS SPORTS COMPLEX, Defendant, and NEW JERSEY SPORTS & EXPOSITION AUTHORITY et al., Respondents.

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

Decided October 18, 2016.


Defendants established entitlement to judgment as a matter of law by submitting deposition testimony, expert opinion, and photographic evidence showing that the alleged hazardous defect in the ceramic floor tile (a "spall") was physically insignificant and trivial. The depth of the defect in a grouted area of the tiled floor measured only three-sixteenths of an inch, as well as seven-eighths of an inch wide and four inches in length...

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