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PEZZELLO v. PIERRE CONGRESS APTS., LLC

8221. 160023/14.

169 A.D.3d 403 (2019)

92 N.Y.S.3d 43

2019 NY Slip Op 00823

Diana Pezzello, Appellant, v. Pierre Congress Apartments, LLC, Respondent, et al., Defendant.

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

Decided February 5, 2019.

Defendant established prima facie that the condition of the steps on which plaintiff allegedly slipped and fell, a gradual and shallow depression of the surface toward the center of each step resulting from normal wear and tear, was a trivial and therefore nonactionable defect (see Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]; Cintron v New York City Tr. Auth.,

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