Mangar v Parkash 180 LLC

Mangar v Parkash 180 LLC 2012 NY Slip Op 07073 Decided on October 23, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 23, 2012
Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.
8357 303966/09

[*1]Raouti Mangar, Plaintiff-Appellant,

v

Parkash 180 LLC, et al., Defendants-Respondents.




Michelle S. Russo, P.C., Port Washington (Michelle S. Russo of
counsel), for appellant.
White & McSpedon, P.C., New York (Frances Norek Hatch of
counsel), for respondents.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered September 16, 2011, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 issue of fact.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 23, 2012

CLERK