Opinion
01-07-2016
Edwina FORRESTER, Plaintiff–Appellant, v. RIVERBAY CORPORATION, Defendant–Respondent.
Harris Law, New York (Anna Kull of counsel), for appellant. Malapero & Prisco, LLP, New York (Mark A. Bethmann of counsel), for respondent.
Harris Law, New York (Anna Kull of counsel), for appellant.
Malapero & Prisco, LLP, New York (Mark A. Bethmann of counsel), for respondent.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered August 5, 2014, which granted defendant's motion for summary judgment dismissing the complaint, and denied, as moot, plaintiff's motion for an expedited trial, unanimously affirmed, without costs.
Defendant established its entitlement to summary judgment by submitting evidence showing that the allegedly uneven floor on which the fur from plaintiff's slippers got caught was a trivial defect and not actionable as a matter of law (see e.g. Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66, 19 N.Y.S.3d 802, 41 N.E.3d 766 [2015] ; Trincere v. County of Suffolk, 90 N.Y.2d 976, 977, 665 N.Y.S.2d 615, 688 N.E.2d 489 [1997] ). In opposition, plaintiff failed to raise a triable issue of fact. She did not identify any measurements of the condition, which was not visible in photographs, or submit other evidence showing that the condition could have been a snare or a trap (compare Argenio v. Metropolitan Transp. Auth., 277 A.D.2d 165, 166, 716 N.Y.S.2d 657 [1st Dept.2000] ).
TOM, J.P., MAZZARELLI, RICHTER, GISCHE, JJ., concur.