Sharpe v. Ulrich Development Co.

52 A.D.3d 1319 (N.Y. App. Div. 2008) · Appellate Division of the Supreme Court of the State of New York, Fourth Department · June 13, 2008

Summary

The court reversed an order denying summary judgment to the owners of a building in a premises-liability action arising from a trip on a sidewalk. It held that the sidewalk defect was too trivial to be actionable as a matter of law and dismissed the complaint against the defendants.

Holdings

  1. The sidewalk defect was too trivial to be actionable as a matter of law.
  2. Plaintiff failed to raise a triable issue of fact, so summary judgment dismissing the complaint was proper.

Questions Presented

  1. Whether the sidewalk defect was too trivial to be actionable as a matter of law.
  2. Whether plaintiff raised a triable issue of fact sufficient to defeat defendants' motion for summary judgment.

Disposition

reversed

Cases Cited (7)

  • Stylianou v Ansonia Condominium, 49 A.D.3d 399 (2008)(followed)
  • Zalkin v City of New York, 36 A.D.3d 801 (2007)(followed)
  • Trionfero v Vanderhorn, 6 A.D.3d 903, 904 (2004)(followed)
  • Mishaan v Tobias, 32 A.D.3d 1000, 1001-1002 (2006)(distinguished)
  • Billera v Paolangeli, 20 A.D.3d 743, 745 (2005)(distinguished)
  • McKenzie v Crossroads Arena, 291 A.D.2d 860 (2002), leave to appeal dismissed, 98 N.Y.2d 647 (2002)(distinguished)
  • Zuckerman v City of New York, 49 N.Y.2d 557, 562 (1980)(followed)

Cited In (0)

No citing cases on record yet.

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