Marcus v Namdor, Inc.

Marcus v Namdor, Inc. 2007 NY Slip Op 09950 [46 AD3d 373] December 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Shirley Marcus, Appellant,
v
Namdor, Inc., et al., Respondents. (And a Third-Party Action.)

—[*1] Joelson & Rochkind, New York City (Kenneth Joelson of counsel), for appellant.

Cartafalsa, Slattery, Turpin & Lenoff, New York City (Michael Lenoff of counsel), for Namdor, Inc. and Gristede's Foods NY, Inc., respondents.

Kral Clerkin Redmond Ryan Perry & Girvan, LLP, Smithtown (James V. Derenze of counsel), for The Great Atlantic & Pacific Tea Company, Inc., respondent.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City (Jessica L. Rothman of counsel), for Ansonia Associates Limited Partnership, respondent.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered August 2, 2006, which, to the extent appealed from, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The 80-year-old plaintiff fell while exiting a Gristede's supermarket on a February evening in 2003. She testified at her deposition that she "took a step and there was a slope and I lost my balance and went down, fell," and that she had lost her balance due to the "uneven pavement" and the "incline of the slope." The court properly found, upon consideration of all the evidence, defendants had sufficiently established that the condition cited by plaintiff as the cause [*2]of her injury was too trivial to be actionable (see Trincere v County of Suffolk, 90 NY2d 976 [1997]). Concur—Tom, J.P., Friedman, Williams, McGuire and Kavanagh, JJ.