ATKINSON v. KEY REAL ESTATE ASSOC., LLC

1716, 104274/11.

142 A.D.3d 871 (2016)

37 N.Y.S.3d 797

JEANNE ATKINSON, Respondent, v. KEY REAL ESTATE ASSOCIATES, LLC, et al., Appellants.

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

Decided September 27, 2016.


The parties agree that the height differential between the marble step and the bull-nosing on which plaintiff caught her heel, causing her to fall, was one eighth to one quarter of an inch. This defect, as a matter of law, did not constitute a trap or nuisance, nor were the intrinsic characteristics or the surrounding circumstances such that they magnified the danger posed by this otherwise insignificant defect (see Hutchinson v Sheridan Hill House Corp.,

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