Opinion
112 306126/11.
02-04-2016
Alyssa PEREZ, etc., Plaintiff–Appellant, v. GASHO OF JAPAN, INC., et al., Defendants–Respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Beth S. Gereg of counsel), for appellant. Lewis Brisbois Bisgaard & Smith LLP, New York (Meredith Drucker Nolen of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Beth S. Gereg of counsel), for appellant.
Lewis Brisbois Bisgaard & Smith LLP, New York (Meredith Drucker Nolen of counsel), for respondents.
Opinion
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered January 9, 2014, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the complaint was warranted in this action where plaintiffs allege that infant plaintiff tripped over a bump in a carpet runner in defendants' restaurant. The record shows that the subject defect was trivial and not actionable, where infant plaintiff's mother described the runner as being “bunched up ... a little,” with “a little lump” (see 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, 665 N.Y.S.2d 615, 688 N.E.2d 489 1977; see also Kwitny v. Westchester Towers Owners Corp., 47 A.D.3d 495, 850 N.Y.S.2d 68 1st Dept.2008 ). There is no further detail in the record regarding the alleged defect.
Plaintiffs' remaining contentions are unavailing.
SAXE, J.P., MOSKOWITZ, RICHTER, FEINMAN, JJ., concur.