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ROJAS v. P&B BRONX PROPS. LLC

Index Nos. 301444/16, 83717/17. Appeal No. 15512. Case No. 2021-01384.

203 A.D.3d 525 (2022)

161 N.Y.S.3d 771

2022 NY Slip Op 01753

Jaime Rojas, Appellant, v. P&B Bronx Properties LLC et al., Respondents. Citibank N.A., Third-Party Plaintiff-Respondent/Second Third-Party Plaintiff-Respondent, v. John Charalambous et al., Third-Party Defendants. Eternal Beyond Realty, LLC, Second Third-Party Defendant-Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York (Martin J. Moskowitz of counsel), for appellant.

Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for P&B Bronx Properties LLC, respondent.

White and McSpedon, Brooklyn (Zena Goldszer of counsel), for Citibank N.A., respondent.

Hickey Smith Dood, LLP, New York (Jody C. Benard of counsel), for Eternal Beyond Realty, LLC, respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

The motion court properly concluded that defendants sustained their initial burden of demonstrating that the defect which caused plaintiff's injuries was trivial and not actionable. The photograph of the accident site, which was not an enhanced photograph, showed a minor condition that was not a trap or snare, and was not hidden or covered in any way so as to make it difficult to see or identify as a hazard (see Garcia v 549 Inwood Assoc., LLC, 136...

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