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ANITA MARTIN v. LAFAYETTE MORRISON

Appellate Division of the Supreme Court of New York, First Department.
Jul 20, 2006
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Defendant established that the claimed defect which allegedly caused plaintiff to trip and fall was merely a slight height differential of approximately one-half inch between the rubber surface of the playground and the adjoining cement walkway, which did not constitute a trap or snare. Neither surface was broken, cracked or otherwise defective, and they were of contrasting colors. This minor height differential alone is insufficient to establish the existence of a dangerous or defective condition for which the property owner could be held liable ( see Morales v Riverbay Corp., 226 AD2d 271). Plaintiffs submissions failed to establish the existence of issues of fact regarding defendant's possible liability for plaintiff's fall.