Opinion
2014-03-11
Denise THOMAS, Plaintiff–Respondent, v. DEVER PROPERTIES LLC., et al., Defendants–Appellants.
Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T. Uejio of counsel), for appellants. Coleman & Andrews, LLC, Bronx (Leroi J. Andrews of counsel), for respondent.
Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T. Uejio of counsel), for appellants. Coleman & Andrews, LLC, Bronx (Leroi J. Andrews of counsel), for respondent.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 17, 2013, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
In this action where plaintiff tripped and fell in the freight elevator hallway of defendants' building, defendants established their entitlement to judgment as a matter of law. Defendants showed that the defect in which the heel of plaintiff's boot allegedly became stuck was trivial, and did not constitute a dangerous or defective condition ( see e.g. Trincere v. County of Suffolk, 90 N.Y.2d 976, 977–978, 665 N.Y.S.2d 615, 688 N.E.2d 489 [1997] ). Defendants' expert inspected the floor area of plaintiff's accident, and described it as “a patched region of concrete” with a height differential of less than one-eighth of an inch that was “free of chipped or damaged areas” and that formed a slight bowl-shaped depression ( see Lansen v. SL Green Realty Corp., 103 A.D.3d 521, 962 N.Y.S.2d 44 [1st Dept.2013] ).
In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff did not come forward with any evidence to show that this shallow, gradual depression, which is “generally regarded as trivial” (Argenio v. Metropolitan Transp. Auth., 277 A.D.2d 165, 166, 716 N.Y.S.2d 657 [1st Dept.2000] ), could have been “a trap or snare by reason of its location, adverse weather or lighting conditions or other circumstances” ( Burko v. Friedland, 62 A.D.2d 462, 462, 878 N.Y.S.2d 64 [1st Dept.2009] ). Plaintiff's argument that coffee or other liquids from the garbage stored near the accident site may have spilled in the area and caused her to slip is unavailing in view of her testimony that she observed no debris or liquid in the elevator hallway when she entered the building or at the time of her fall. GONZALEZ, P.J., TOM, FRIEDMAN, ANDRIAS, SAXE, JJ., concur.