GUTIERREZ v. RIVERBAY CORPORATION (1999)

Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered October 1, 1998, which denied defendant's motion for summary judgment, unanimously affirmed, without costs.

 The pictures of the two-inch depression in the walkway on defendant's property on which plaintiff slipped do not demonstrate that it was a “trivial” defect as a matter of law (cf., Evans v. Pyramid Co., 184 A.D.2d 960, 584 N.Y.S.2d 944;  Mahota v. Cade & Saunders, 228 A.D.2d 924, 644 N.Y.S.2d 429).   Whether a dangerous condition exists on another's property so as to create liability depends on the particular circumstances of each case, and is generally a question for the jury (Trincere v. County of Suffolk, 90 N.Y.2d 976, 665 N.Y.S.2d 615, 688 N.E.2d 489).   An issue of constructive notice is raised by plaintiff's affidavit to the effect that the condition had existed for at least several months.

MEMORANDUM DECISION.