Opinion
April 6, 2000.
Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about September 18, 1998, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Brian J. Isaac, for plaintiff-appellant.
Jyoti M. Friedland, for defendants-respondents/third-party plaintiffs-respondents.
Sung Hee Koh and John J. Wrenn, for third-party defendants-respondents.
SULLIVAN, P.J., NARDELLI, ELLERIN, WALLACH, ANDRIAS, JJ.
The complaint was properly dismissed upon a finding that the defect was trivial as a matter of law (see, Trincere v. County of Suffolk, 90 N.Y.2d 976).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.