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Raouti Mangar, Appellant, v. Parkash 180 LLC et al., Respondents

New York Supreme Court, Appellate Division2012-10-23
99 A.D.3d 607952 N.Y.S.2d 446

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Opinion

majority opinion

Defendants established that the half-inch height differential at the top of a two-step exterior stairway was trivial and nonactionable (see Trincere v County of Suffolk, 90 NY2d 976, 977 [1997]; Morales v Riverbay Corp., 226 AD2d 271 [1st Dept 1996]). In opposition, plaintiff, who had walked on the steps twice daily for years without incident, failed to raise a triable issue of fact. Concur — Tom, J.P., Andrias, Saxe, DeGrasse and Manzanet-Daniels, JJ.