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 · Decided June 21, 2004

8 A.D.3d 536; 778 N.Y.S.2d 716; 2004 N.Y. App. Div. LEXIS 8690

Cases that cite this one

8 later published cases cite this decision.

Adler v. QPI-VIII, LLC (Appellate Division of the Supreme Court of New York 2015)
Zelichenko v. 301 Oriental Boulevard, LLC (Appellate Division of the Supreme Court of New York 2014)
Zelichenko v. 301 Oriental Boulevard, LLC (Appellate Division of the Supreme Court of New York 2014)
Brenner v. Herricks Union Free School District (Appellate Division of the Supreme Court of New York 2013)
Brenner v. Herricks Union Free School District (Appellate Division of the Supreme Court of New York 2013)
Schiller v. St. Francis Hospital (Appellate Division of the Supreme Court of New York 2013)
Schiller v. St. Francis Hospital (Appellate Division of the Supreme Court of New York 2013)
Schenpanski v. Promise Deli, Inc. (Appellate Division of the Supreme Court of New York 2011)

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, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered December 9, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On November 6, 2001, the plaintiff Louise Maiello tripped and fell when her shoe allegedly became caught in a seam in the front walkway of the Anne Hutchinson Elementary School in Eastchester.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting photographs revealing that the alleged defect, which did not have any of the *537characteristics of a trap or nuisance, was too trivial to be actionable (see DiNapoli v Huntington Hosp., 303 AD2d 359, 360 [2003]; Neumann v Senior Citizens Ctr., 273 AD2d 452, 453 [2000]). In opposition, the plaintiffs failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980] ). Santucci, J.P., Townes, Crane and Lifson, JJ., concur.

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