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Clouse v. Columbia Presbyterian Hospital

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2006
35 A.D.3d 209 (N.Y. App. Div. 2006)

Opinion

No. 9775.

December 7, 2006.

Order, Supreme Court, New York County (Debra A. James, J.), entered on or about October 17, 2005, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Goidel Siegel, LLP, New York (Jonathan M. Goidel of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Harris J. Zakarin of counsel), for respondents.

Before: Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.


If, as plaintiff asserts, the cause of her slip and fall was the "sandy" condition of the ramp outside defendants' building, her own deposition testimony demonstrates that any such "defect" was too trivial to be actionable ( see Smith v Sports Physical Therapy of N.Y., 6 AD3d 605). While plaintiffs expert asserts that the ramp was also too steep, did not have adequate handrails, did not have a nonslip surface, and did not have a landing to slow descent, neither plaintiffs deposition testimony nor her affidavit, both to the effect that she slipped immediately upon stepping out of the building and onto the ramp, tends to show that any of the foregoing contributed to her fall. We have considered and rejected plaintiffs other arguments.


Summaries of

Clouse v. Columbia Presbyterian Hospital

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2006
35 A.D.3d 209 (N.Y. App. Div. 2006)
Case details for

Clouse v. Columbia Presbyterian Hospital

Case Details

Full title:RONDA CLOUSE, Appellant, v. COLUMBIA PRESBYTERIAN HOSPITAL et al.…

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

Date published: Dec 7, 2006

Citations

35 A.D.3d 209 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9132
825 N.Y.S.2d 473

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