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FORRESTER v. RIVERBAY CORPORATION

16575, 300166/13

135 A.D.3d 448 (2016)

21 N.Y.S.3d 890

2016 NY Slip Op 00047

EDWINA FORRESTER, Appellant, v. RIVERBAY CORPORATION, Respondent.

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

Decided January 7, 2016.

Defendant established its entitlement to summary judgment by submitting evidence showing that the allegedly uneven floor on which the fur from plaintiff's slippers got caught was a trivial defect and not actionable as a matter of law (see e.g. Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66 [2015]; Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]). In opposition, plaintiff failed...

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