Martin v. Lafayette Morrison Housing Corp.
Opinion of the Court
Defendant established that the claimed defect which allegedly caused plaintiff to trip and fall was merely a slight height differential of approximately one-half inch between the rubber surface of the playground and the adjoining cement walkway, which did not constitute a trap or snare. Neither surface was broken, cracked or otherwise defective, and they were of contrasting colors. This minor height differential alone is insufficient to establish the existence of a dangerous or defective condition for which the property owner could be held liable (see Morales v Riverbay Corp., 226 AD2d 271 [1996]). Plaintiff’s submissions failed to establish the existence of issues of fact regarding defendant’s possible liability for plaintiff’s fall. Concur—Buckley, P.J., Tom, Saxe, Sullivan and Williams, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.