Rivera v. 2300 X-Tra Wholesalers, Inc.

Full title: LILLIAM RIVERA et al., Respondents, v. 2300 X-TRA WHOLESALERS, INC., Doing…

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

Date published: May 1, 1997

239 A.D.2d 268 (N.Y. App. Div. 1997)

658 N.Y.S.2d 264

Opinion

May 1, 1997

Appeal from Supreme Court, Bronx County (Alan Saks, J.),

While plaintiff does not challenge the fact that the metal plate over which she allegedly tripped was no more than one-half inch higher than the floor, "[t]here is no rule that a hole in a public thoroughfare must under all circumstances be of a particular depth before its existence can give rise to a legal liability" ( Wilson v. Jaybro Realty Dev. Co., 289 N.Y. 410, 412). Upon the present record, we cannot say as a matter of law that this projection had "none of the characteristics of a trap or a snare" ( Morales v. Riverbay Corp., 226 A.D.2d 271).

Concur — Rosenberger, J.P., Nardelli, Rubin and Williams, JJ.