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DELEON v. NEW YORK CITY HOUSING AUTHORITY

65 A.D.3d 930 (2009)

885 N.Y.S.2d 483

MARIA DELEON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided September 22, 2009.

The two-tenths-inch height differential between the surface of the bathroom floor covered by tiles and the surface of the floor where tiles were missing, which plaintiff cited in her notice of claim, bill of particulars and deposition testimony as the cause of her accident, was de minimis (see Gaud v Markham, 307 A.D.2d 845, 845-846 [2003]).

Plaintiff's argument advanced in her opposition affidavit that the two...

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