Neumann v. Senior Citizens Center, Inc.
Cases that cite this one
18 later published cases cite this decision.
- Schenpanski v. Promise Deli, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Smith v. Wilerdam Property, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Joseph v. Villages at Huntington Home Owners Ass'n (Appellate Division of the Supreme Court of New York 2007)
- Morris v. Greenburgh Central School District No. 7 (Appellate Division of the Supreme Court of New York 2004)
- Maiello v. Eastchester Union Free School District (Appellate Division of the Supreme Court of New York 2004)
- DiNapoli v. Huntington Hospital (Appellate Division of the Supreme Court of New York 2003)
- Reilly v. James A. Dever School (Appellate Division of the Supreme Court of New York 2003)
- Dynov v. 16th Avenue Realty Associates, LLC (Appellate Division of the Supreme Court of New York 2002)
- Arsenicos v. Westland South Shore Mall (Appellate Division of the Supreme Court of New York 2002)
- Cicero v. Selden Associates (Appellate Division of the Supreme Court of New York 2002)
- Rametta v. County of Nassau (Appellate Division of the Supreme Court of New York 2002)
- Cruz v. Deno's Wonder Wheel Park (Appellate Division of the Supreme Court of New York 2002)
- Gonzalez v. Board of Education of Yonkers (Appellate Division of the Supreme Court of New York 2002)
- Hymanson v. A.L.L. Associates (Appellate Division of the Supreme Court of New York 2002)
- Smith v. A.B.K. Apartments, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Squires v. County of Orleans (Appellate Division of the Supreme Court of New York 2001)
- Sullivan v. State (Appellate Division of the Supreme Court of New York 2000)
- Hargrove v. Baltic Estates (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant Rockwood Park Jewish Center appeals from an order of the Supreme Court, Queens County (Schmidt,
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
In 1998 the plaintiff tripped and fell as a result of a height differential of approximately seven-eighths of an inch between adjacent slabs in a walkway on the appellant’s property.
Whether a dangerous or defective condition exists depends on the peculiar facts and circumstances of each case and is generally a question of fact for a jury (see, Trincere v County of Suffolk, 90 NY2d 976). However, a property owner may not be held liable in damages for “ ‘ “trivial defects on a walkway, not constituting a trap or nuisance, as a consequence of which a pedestrian might merely stumble, stub his toes, or trip over a raised projection” ’ ” (Marinaccio v LeChambord Rest., 246 AD2d 514). The photographs acknowledged by the plaintiff as accurately reflecting the condition of the walkway at the time of the accident support the conclusion that, as a matter of law, the alleged defect, which did not have any of the characteristics of a trap or nuisance, was too trivial to be actionable (see, Trincere v County of Suffolk, supra; Marinaccio v LeChambord Rest., supra). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.