Wallace v. Riverbay Corporation

Full title: CARMEN WALLACE, Respondent, v. RIVERBAY CORPORATION, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 12, 1999

264 A.D.2d 329 (N.Y. App. Div. 1999)

693 N.Y.S.2d 437

Opinion

August 12, 1999.

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

Under the circumstances of this case, where plaintiff offered no proof regarding the circumstances of her fall to suggest that it was caused by anything other than a minimal unevenness in the sidewalk, and plaintiff concedes on appeal that the record reflects a height differential of one half to one inch, summary judgment should have been granted to defendant ( see, Zaritsky v. City of New York, 248 A.D.2d 211; Figueroa v. Haven Plaza Hous. Dev. Fund Co., 247 A.D.2d 210).

Concur — Nardelli, J. P., Wallach, Lerner and Andrias, JJ.