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STANLEY E. MORRIS, ET AL., appellants, v. GREENBURGH CENTRAL SCHOOL DISTRICT NO. 7, respondent, ET AL., defendant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff Stanley E. Morris was injured when he tripped over the edge of a raised concrete slab while delivering cartons of juice boxes to a school operated by the defendant Greenburgh Central School District No. 7 (hereinafter the School District). The Supreme Court granted the School District's motion for summary judgment. We affirm.

In support of its motion, the School District relied on the deposition testimony of one of its custodians to the effect that the concrete slab was raised only one inch. The School District also relied on photographs acknowledged by the injured plaintiff as accurately reflecting the condition of the walkway at the time of the accident. The School District thereby established its entitlement to summary judgment by demonstrating as a matter of law that the alleged defect, which did not have any of the characteristics of a trap or snare, was too trivial to be actionable ( see Trincere v. County of Suffolk, 90 N.Y.2d 976; Neumann v. Senior Citizens Ctr., 273 A.D.2d 452; Marinaccio v. LeChambord Rest., 246 A.D.2d 514). In opposition, the plaintiffs failed to raise a triable issue of fact. Under the circumstances, the Supreme Court properly granted the School District's motion for summary judgment.

In view of our determination, the plaintiffs' remaining contention need not be reached ( cf. Tulovic v. Chase Manhattan Bank, 309 A.D.2d 923; Cupo v. Karfunkel, 1 A.D.3d 48).

SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.

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MORRIS v. GREENBURGH CENTRAL SCHOOL DIST. NO. 7
(Mar 15, 2004)