Mangar v Parkash 180 LLC
2012 NY Slip Op 07073 [99 AD3d 607]
October 23, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


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

[*1] Michelle S. Russo, P.C., Port Washington (Michelle S. Russo of counsel), for appellant.

White & McSpedon, P.C., New York (Frances Norek Hatch of counsel), for respondents.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered September 16, 2011, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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.