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—In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Mega, J.), entered November 27, 1996, which, upon the granting of the respondent’s motion pursuant to CPLR 4401 to dismiss the claim as a matter of law, dismissed her claim.
Ordered that the judgment is affirmed, with costs.
We agree with the Court of Claims that the defect in the sidewalk-where the accident occurred was too trivial to be actionable against the respondent (see, Trincere v County of Suffolk, 90 NY2d 976; Guerrieri v Summa, 193 AD2d 647; Tisei v Angelo, 238 AD2d 332).
Sullivan, J. P., Friedmann, Florio and Luciano, JJ., concur.
Document Info
Citation Numbers: 248 A.D.2d 372, 669 N.Y.S.2d 843
Judges: Florio, Friedmann, Luciano, Sullivan
Filed Date: 3/2/1998
Precedential Status: Precedential
Modified Date: 1/13/2022