MAIELLO v. EASTCHESTER UNION FREE SCHOOL DIST

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On November 6, 2001, the plaintiff Louise Maiello tripped and fell when her shoe allegedly became caught in a seam in the front walkway of the Anne Hutchinson Elementary School in Eastchester.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting photographs revealing that the alleged defect, which did not have any of the characteristics of a trap or nuisance, was too trivial to be actionable ( see DiNapoli v. Huntington Hosp., 303 A.D.2d 359, 360; Neumann v. Senior Citizens Ctr., 273 A.D.2d 452, 453). In opposition, the plaintiffs failed to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557).

SANTUCCI, J.P., TOWNES, CRANE and LIFSON, JJ., concur.