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MARKS v. 79TH ST. TENANTS CORP.

Index No. 153486/15. Appeal No. 13045-13045A. Case No. 2020-02895.

191 A.D.3d 436 (2021)

137 N.Y.S.3d 703

2021 NY Slip Op 00629

Sondra Marks, Appellant, v. 79th Street Tenants Corp. et al., Respondents.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Pazer, Epstein, Jaffe & Fein, P.C., New York (Jason Levine of counsel), for appellant.

Mauro Lilling Naparty, LLP, Woodbury (Seth M. Weinberg of counsel), for 79th Street Tenants Corp, respondent.

Perry, Van Etten, Rozanski & Kutner, LLP, Melville (Thomas F. Maher of counsel), for New 56-79 I.G. Associates, L.P., respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

Although defendants made out a prima facie case that the sidewalk defect that caused plaintiff to trip and fall was trivial and not actionable, plaintiff raised triable issues of fact in opposition (Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66, 78 [2015]). Defendants and the motion court relied extensively on the height differential between the sidewalk flags, applying a mechanistic disposition of a case based exclusively...

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