Martin v. Lafayette Morrison Housing Corp.

Appellate Division of the Supreme Court of New York

Martin v. Lafayette Morrison Housing Corp.

31 A.D.3d 300, 819 N.Y.S.2d 249

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 20, 2006

StatusPublished

Cited by5 cases

This text of 31 A.D.3d 300 (Martin v. Lafayette Morrison Housing Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Lafayette Morrison Housing Corp., 31 A.D.3d 300, 819 N.Y.S.2d 249 (N.Y. Ct. App. 2006).

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Opinion

[301]*301Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 11, 2005, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant established that the claimed defect which allegedly caused plaintiff to trip and fall was merely a slight height differential of approximately one-half inch between the rubber surface of the playground and the adjoining cement walkway, which did not constitute a trap or snare. Neither surface was broken, cracked or otherwise defective, and they were of contrasting colors. This minor height differential alone is insufficient to establish the existence of a dangerous or defective condition for which the property owner could be held liable (see Morales v Riverbay Corp., 226 AD2d 271 [1996]). Plaintiff’s submissions failed to establish the existence of issues of fact regarding defendant’s possible liability for plaintiff’s fall. Concur—Buckley, P.J., Tom, Saxe, Sullivan and Williams, JJ.

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[301]*301Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 11, 2005, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant established that the claimed defect which allegedly caused plaintiff to trip and fall was merely a slight height differential of approximately one-half inch between the rubber surface of the playground and the adjoining cement walkway, which did not constitute a trap or snare. Neither surface was broken, cracked or otherwise defective, and they were of contrasting colors. This minor height differential alone is insufficient to establish the existence of a dangerous or defective condition for which the property owner could be held liable (see Morales v Riverbay Corp., 226 AD2d 271 [1996]). Plaintiff’s submissions failed to establish the existence of issues of fact regarding defendant’s possible liability for plaintiff’s fall. Concur—Buckley, P.J., Tom, Saxe, Sullivan and Williams, JJ.

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Bluebook (online)

31 A.D.3d 300, 819 N.Y.S.2d 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-lafayette-morrison-housing-corp-nyappdiv-2006.

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