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Defendants established that the half-inch height differential at the top of a two-step exterior stairway was trivial and nonactionable (see Trincere v County of Suffolk, 90 NY2d 976, 977 [1997]; Morales v Riverbay Corp., 226 AD2d 271 [1st Dept 1996]). In opposition, plaintiff, who had walked on the steps twice daily for years without incident, failed to raise a triable is
*608 sue of fact. Concur — Tom, J.P., Andrias, Saxe, DeGrasse and Manzanet-Daniels, JJ.
Document Info
Citation Numbers: 99 A.D.3d 607, 952 N.Y.2d 446
Filed Date: 10/23/2012
Precedential Status: Precedential
Modified Date: 1/13/2022