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Thank God! Photographs of tile support summary judgment for a church.

October 1, 2017
Kavanagh v. Archdiocese of the City of N.Y., 2017 NY Slip Op 05711

The plaintiff allegedly tripped and fell over a damaged piece of tile in an interior hallway while exiting a Catholic church. When determining whether a defect is trivial as a matter of law, the court is required to look at all of the facts presented, “including the width, depth, elevation, irregularity and appearance of the defect along with the time, place and circumstance’ of the injury.” The plaintiff’s evidence—photographs, her description of the time, place and circumstance of the injury—established, prima facie, “that the alleged defect was trivial as a matter of law, and therefore, not actionable.” “In opposition, the plaintiff failed to raise a triable issue of fact.”

Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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