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David Iverson, Plaintiff-Respondent v. Ghassan Sayaegh

New York Supreme Court Appellate Division, First Department


May 2, 2013

DAVID IVERSON, PLAINTIFF-RESPONDENT,
v.
GHASSAN SAYAEGH, DEFENDANT-APPELLANT, ADNAN AL FAIYAD, DOING BUSINESS AS VAN CORTLANDT DELI, DEFENDANT-RESPONDENT. DAVID IVERSON, PLAINTIFF-RESPONDENT, GHASSAN SAYAEGH, DEFENDANT, ADNAN AL FAIYAD, DOING BUSINESS AS VAN CORTLANDT DELI, DEFENDANT-APPELLANT.

Iverson v Sayaegh

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.

Decided on May 2, 2013 Tom, J.P., Friedman, Sweeny, Feinman, JJ.

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered March 7, 2012, which denied defendant Sayaegh's motion for summary judgment dismissing the complaint and the cross claim against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint and cross claim against defendant Sayaegh. Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered March 7, 2012, which denied defendant Faiyad's motion for summary judgment dismissing the complaint and the cross claim against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint and cross claim against defendant Faiyad.

The record demonstrates that the allegedly defective condition was trivial and therefore not actionable as a matter of law (see e.g. Koznesoff v First Hous. Co., Inc., 74 AD3d 1027 [2d Dept 2010]; Morales v Riverbay Corp., 226 AD2d 271 [1st Dept 1996]). Photographs show that the hole did not create a tripping hazard.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 2, 2013

CLERK

20130502

© 1992-2013 VersusLaw Inc.



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