The BLDG defendants, owners of the property abutting the cracked sidewalk where plaintiff tripped or slipped, failed to establish prima facie that the sidewalk defect was trivial and nonactionable, as they did not offer expert evidence or measurements to support their argument, nor did they offer evidence to show that the alleged hazard was not enhanced by the surrounding circumstances (see Hutchinson v Sheridan Hill House Corp.,
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POWELL v. BLDG 874 FLATBUSH LLC
Index No. 24520/16E. Appeal No. 15092-15092A. Case No. 2020-04950. 2020-04960.
201 A.D.3d 534 (2022)
157 N.Y.S.3d 373
2022 NY Slip Op 00290
Beverly Powell, Respondent, v. BLDG 874 Flatbush LLC et al., Appellants, and Exotic Hat Master, Inc., Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 18, 2022.
Decided January 18, 2022.
Attorney(s) appearing for the Case
Perry, Van Etten, Rozanski & Kutner, LLP, Melville ( Geoffrey H. Pforr of counsel), for appellants.
Law Offices of Beth J. Schlossman, Brooklyn ( Beth J. Schlossman of counsel), for Beverly Powell, respondent.
Miranda Slone Sklarin Verveniotis LLP, Elmsford ( Richard S. Sklarin of counsel), for Exotic Hat Master, Inc., respondent.
Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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