McCULLOUGH v. RIVERBAY CORP.

4141. 20429/14E.

150 A.D.3d 624 (2017)

2017 NY Slip Op 04231

52 N.Y.S.3d 854

AUDREY McCULLOUGH, Respondent, v. RIVERBAY CORPORATION, Appellant.

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

Decided May 30, 2017.


Defendant established entitlement to judgment as a matter of law by demonstrating that the defect in the sidewalk that allegedly caused plaintiff to trip and fall was trivial, and that there were no surrounding circumstances that magnified the dangers it posed (see Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66, 77-78 [2015]). Defendant submitted photographs and measurements, which showed that the height differential

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