RILEY v. Nor–Court Management, Inc., et al., Defendants–Respondents. (2008)

Judgment, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered November 16, 2006, dismissing the complaint, unanimously affirmed, without costs.

Plaintiff tripped over the top edge of a cellar door that was slightly elevated above the sidewalk, and his own deposition testimony established that the accident occurred in daylight in an area that he traveled on a daily basis.  Defendants' motion established prima facie entitlement to summary judgment on the ground that the alleged defect was trivial, did not constitute a trap or nuisance, and was not actionable as a matter of law (see Trincere v. County of Suffolk, 90 N.Y.2d 976, 665 N.Y.S.2d 615, 688 N.E.2d 489 [1997];  Martin v. Lafayette Morrison Hous. Corp., 31 A.D.3d 300, 819 N.Y.S.2d 249 [2006] ).  Plaintiff failed to raise a material issue of fact in opposition.