New York Supreme Court Appellate Division, First Department
October 23, 2012
RAOUTI MANGAR, PLAINTIFF-APPELLANT,
PARKASH 180 LLC, ET AL., DEFENDANTS-RESPONDENTS.
Mangar v Parkash 180 LLC
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered September 16, 2011, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established that the half-inch height differential at the top of a two-step exterior stairway was trivial and non-actionable (see Trincere v County of Suffolk, 90 NY2d 976, 977 ; Morales v Riverbay Corp., 226 AD2d 271 [1st Dept 1996]). In opposition, plaintiff, who had walked on the steps twice daily for years without incident, failed to raise a triable issue of fact.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 23, 2012
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