Opinion
2002-09634.
Decided December 8, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), entered September 5, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.
David R. Jampol, Hauppauge, for appellants.
Adler Larkin, Riverhead, (Jason P. Monacelli of counsel), for respondent.
Before: SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff Gloria Kremer allegedly sustained injuries when she tripped and fell in a shopping center owned by the defendant. Contrary to the plaintiffs' contention, the Supreme Court properly granted the defendant's motion for summary judgment. In support of its motion, the defendant established, prima facie, that the alleged defect which caused the injured plaintiff to trip and fall was too trivial, as a matter of law, to be actionable ( see Trincere v. County of Suffolk, 90 N.Y.2d 976; Pennella v. 277 Bronx Riv. Rd. Owners, Inc., A.D.2d [2d Dept, Oct. 14, 2003]; Tallis v. Fleet Bank, 306 A.D.2d 400). In opposition to the motion, the plaintiffs failed to raise a triable issue of fact as to whether the alleged defect constituted a trap or nuisance ( see Tallis v. Fleet Bank, supra; Torres v. City of New York, 300 A.D.2d 391).
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.