Schechter v. City of New York

Appellate Division of the Supreme Court of New York

Schechter v. City of New York

248 A.D.2d 372, 669 N.Y.S.2d 843, 1998 N.Y. App. Div. LEXIS 2021

Appellate Division of the Supreme Court of the State of New York·Decided March 2, 1998·Published·Cited by 1 cases

Opinion

—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.

Free access — add to your briefcase to read the full text and ask questions with AI

—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.

Schechter v. City of New York, 248 A.D.2d 372, 669 N.Y.S.2d 843, 1998 N.Y. App. Div. LEXIS 2021 (N.Y. Ct. App. 1998).

Pincite

248 A.D.2d 372 (Schechter v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related