Opinion
4017.
Decided June 29, 2004.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered on or about October 7, 2003, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Boeggeman, George, Hodges Corde, P.C., White Plains (Paul Edward Svensson of counsel), for appellant.
Hill, Langsam Moin, LLP, New York (Cheryl Eisberg Moin of counsel), for respondent.
Before: Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ.
The photographic evidence of the alleged hazard in defendant's parking lot to which plaintiff attributes her harm, showing a jagged-edged pothole filled with water, does not permit the conclusion that the defect was trivial as a matter of law ( see Trincere v. County of Suffolk, 90 N.Y.2d 976, 977). The pictures of the apparently long-standing defect, taken within two weeks of plaintiff's accident, and which plaintiff testified depicted the complained-of hazard as it existed at the time of the accident, were properly considered on the motion and raised a triable issue of fact as to whether defendant had constructive notice of the defect ( see Karten v. City of New York, 109 A.D.2d 126).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.