Opinion
11411 Index 301647/16
04-23-2020
Claudia POWELL, Plaintiff–Appellant, v. CENTERS FC REALTY, LLC, Defendant–Respondent.
Raskin & Kremins, LLP, New York (Rhonda Katz of counsel), for appellant. Caitlin Robin & Associates PLLC, New York (Kevin Volkommer of counsel), for respondent.
Raskin & Kremins, LLP, New York (Rhonda Katz of counsel), for appellant.
Caitlin Robin & Associates PLLC, New York (Kevin Volkommer of counsel), for respondent.
Acosta, P.J., Richter, Manzanet–Daniels, Gische, Kapnick, JJ.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about December 21, 2018, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence showing that the alleged sidewalk defect was a trivial defect and not actionable as a matter of law (see Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66, 79, 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, since she did not submit any evidence showing that the condition was hazardous (see Forrester v. Riverbay Corp., 135 A.D.3d 448, 21 N.Y.S.3d 890 [1st Dept. 2016] ; compare Suarez v. Emerald 115 Mosholu LLC, 164 A.D.3d 1130, 1131, 82 N.Y.S.3d 22 [1st Dept. 2018] ).