Appellate Division of the Supreme Court of New York, 2010

Aguayo v. New York City Housing Authority

Appellate Division of the Supreme Court of New York · Decided March 23, 2010

71 A.D.3d 926; 897 N.Y.S.2d 239

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

Nussbaum v. Broken Down Valise Pub (Appellate Division of the Supreme Court of New York 2014)
Nussbaum v. Broken Down Valise Pub (Appellate Division of the Supreme Court of New York 2014)
Dery v. K Mart Corp. (Appellate Division of the Supreme Court of New York 2011)
Richardson v. JAL Diversified Management (Appellate Division of the Supreme Court of New York 2010)
Abalo v. Santorelli (Appellate Division of the Supreme Court of New York 2014)
Abalo v. Santorelli (Appellate Division of the Supreme Court of New York 2014)
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)
Adler v. QPI-VIII, LLC (Appellate Division of the Supreme Court of New York 2015)
Santacruz v. Taco Bell of America, LLC (Appellate Division of the Supreme Court of New York 2015)
Nunez v. Morwood Dry Cleaners (Appellate Division of the Supreme Court of New York 2014)
Nunez v. Morwood Dry Cleaners (Appellate Division of the Supreme Court of New York 2014)
Rogers v. 575 Broadway Associates, L.P. (Appellate Division of the Supreme Court of New York 2012)
Perez v. 655 Montauk, LLC (Appellate Division of the Supreme Court of New York 2011)
Schenpanski v. Promise Deli, Inc. (Appellate Division of the Supreme Court of New York 2011)
Fasone v. Northside Properties Management Corp. (Appellate Division of the Supreme Court of New York 2017)
Tesoriero v. Brinckerhoff Park, LLC (Appellate Division of the Supreme Court of New York 2015)
Palladino v. City of New York (Appellate Division of the Supreme Court of New York 2015)
Mazza v. Our Lady of Perpetual Help Roman Catholic Church (Appellate Division of the Supreme Court of New York 2015)
Stewart v. Heralall (Appellate Division of the Supreme Court of New York 2014)
Stewart v. Heralall (Appellate Division of the Supreme Court of New York 2014)
Grundstrom v. Papadopoulos (Appellate Division of the Supreme Court of New York 2014)
Grundstrom v. Papadopoulos (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)
Zelichenko v. 301 Oriental Boulevard, LLC (Appellate Division of the Supreme Court of New York 2014)

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 New York City Housing Authority appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated March 31, 2009, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant New York City Housing Authority for summary judgment dismissing the complaint insofar as asserted against it is granted.

While attempting to step down from a lawn onto a parking lot on property owned by the defendant New York City Housing Authority (hereinafter the NYCHA), the plaintiff allegedly was injured when he tripped and fell over a crack in a concrete erosion guard. NYCHA moved for summary judgment dismissing the complaint insofar as asserted against it on the ground, inter alia, that the defect w;as trivial as a matter of law and therefore not actionable. The Supreme Court denied the motion. We reverse.

*927“[W]hether a dangerous or defective condition exists on the property of another so as to create liability ‘ “depends on the peculiar facts and circumstances of each case” and is generally a question of fact for the jury’ ” (Trincere v County of Suffolk, 90 NY2d 976, 977 [1997], quoting Guerrieri v Summa, 193 AD2d 647, 647 [1993]; see Copley v Town of Riverhead, 70 AD3d 623 [2010]). However, a property owner may not be held liable in damages for trivial defects, not constituting a trap or nuisance, over which a pedestrian might merely stumble, stub his or her toes, or trip (see Joseph v Villages at Huntington Home Owners Assn., Inc., 39 AD3d 481 [2007]; Outlaw v Citibank, N.A., 35 AD3d 564 [2006]). In determining whether a defect is trivial as a matter of law, the court must examine all of the facts presented, “including the width, depth, elevation, irregularity and appearance of the defect along with the ‘time, place and circumstance’ of the injury” (Trincere v County of Suffolk, 90 NY2d at 978, quoting Caldwell v Village of Is. Park, 304 NY 268, 274 [1952]). Here, upon reviewing photographs of the crack and considering all other relevant factors, NYCHA established, prima facie, that the alleged defect was not actionable as it was trivial and did not possess the characteristics of a trap or nuisance (see Trincere v County of Suffolk, 90 NY2d 976 [1997]; Copley v Town of Riverhead, 70 AD3d 623 [2010]; Fisher v JRMR Realty Corp., 63 AD3d 677 [2009]; Rosello v City of New York, 62 AD3d 980 [2009]; Pennella v 277 Bronx Riv. Rd. Owners, 309 AD2d 793 [2003]). In opposition, the plaintiff failed to raise a triable issue of fact (see Shiles v Carillon Nursing & Rehabilitation Ctr., LLC, 54 AD3d 746 [2008]; Taussig v Luxury Cars of Smithtown, Inc., 31 AD 3d 533 [2006]). Accordingly, the Supreme Court should have granted NYCHA’s motion for summary judgment dismissing the complaint insofar as asserted against it (see Copley v Town of Riverhead, 70 AD3d 623 [2010]; Hawkins v Carter Community Hous. Dev. Fund Corp., 40 AD3d 812 [2007]; D’Arco v Pagano, 21 AD3d 1050 [2005]). Rivera, J.P., Florio, Angiolillo and Belen, JJ., concur.

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