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TESE-MILNER v. 30 EAST 85TH STREET COMPANY

60 A.D.3d 458 (2009)

873 N.Y.S.2d 905

ANGELA TESE-MILNER, as Trustee of HOWARD C. FRIEDMAN, et al., Respondents, v. 30 EAST 85TH STREET COMPANY, Respondent, and 30 EAST 85TH STREET CONDOMINIUM ASSOCIATES, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 10, 2009.

Defendant moved for summary judgment dismissing the complaint on the ground that the sidewalk defect that allegedly caused plaintiff's accident was so trivial as to be nonactionable (see Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]). After examining all "the facts presented, including the width, depth, elevation, irregularity and appearance of the defect along with the time, place and circumstances of the injury" (Trincere...

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