Opinion
Submitted April 12, 2000.
June 12, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from (1) so much of an order of the Supreme Court, Queens County (Taylor, J.), dated March 23, 1999, as granted the motion of the defendant Forest Hills Jewish Center for summary judgment dismissing the complaint insofar as it was asserted against it, and (2) so much of an order of the same court, dated January 25, 2000, as, upon reargument, adhered to its original determination as to the defendant Forest Hills Jewish Center, and further granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it.
Barbara M. Berk, Brooklyn, NY, for appellant.
Michael D. Hess, Corporation Counsel, New York, N Y (Leonard Koerner and Ellen B. Fishman of counsel), for respondent City of New York.
Robin, Schepp, Yuhas, Doman Harris (Mauro Goldberg Lilling, LLP [Kenneth Mauro and Katherine E. Herr] of counsel), for respondent Forest Hills Jewish Center.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated March 23, 1999, is dismissed, as that order was superseded by the order dated January 25, 2000, made upon reargument; and it is further,
ORDERED that the order dated January 25, 2000, is affirmed insofar as appealed from; and it is further,
ORDERED that the defendants are awarded one bill of costs.
The Supreme Court properly granted the defendants' separate motions for summary judgment, as the sidewalk defect at issue here was trivial as a matter of law (see, Trincere v. County of Suffolk, 90 N.Y.2d 976; Figueroa v. Haven Plaza Hous. Dev. Fund Co., 247 A.D.2d 210; Marinaccio v. LeChambord Rest., 246 A.D.2d 514; Perrotta v. Jamal, 245 A.D.2d 357; Lopez v. New York City Housing Auth., 245 A.D.2d 273).