Appellate Division of the Supreme Court of New York, 1998

Schechter v. City of New York

Schechter v. City of New York
Appellate Division of the Supreme Court of New York · Decided March 2, 1998 · Florio, Friedmann, Luciano, Sullivan
248 A.D.2d 372; 669 N.Y.S.2d 843; 1998 N.Y. App. Div. LEXIS 2021
Schechter v. City of New York

Opinion of the Court

—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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.