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Schechter v. City of New York

248 A.D.2d 372 Court N.Y. App. Div. Decision date 1998-03-02 English

Judges Sullivan, J. P., Friedmann, Florio and Luciano, JJ., concur.

Contents

Majority

p. 372
Pamela Schechter, Appellant, v City of New York et al., Defendants, and City University of New York, Respon
p. 373
dent.
[669 NYS2d 843]

—In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Mega, J.), entered November 27, 1996, which, upon the granting of the respondent’s motion pursuant to CPLR 4401 to dismiss the claim as a matter of law, dismissed her claim.

Ordered that the judgment is affirmed, with costs.

We agree with the Court of Claims that the defect in the sidewalk-where the accident occurred was too trivial to be actionable against the respondent (see, Trincere v County of Suffolk, 90 NY2d 976 ; Guerrieri v Summa, 193 AD2d 647 ; Tisei v Angelo, 238 AD2d 332 ).

Sullivan, J. P., Friedmann, Florio and Luciano, JJ., concur.

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