Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 11, 2000, which, to the extent appealed from, denied defendant New York City Housing Authority’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.
In this personal injury action, arising from a trip and fall on a public sidewalk abutting premises owned by defendant Hous
In addition, plaintiff’s testimony that the defect in the sidewalk that caused him to trip was a hole, three to five inches wide and three to five inches deep, together with the photographs of the accident site, establish that the defect was not so trivial as to be non-actionable as a matter of law (see, Trincere v County of Suffolk, 90 NY2d 976).
We have considered the Housing Authority’s remaining contentions and find them unavailing. Concur — Sullivan, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.
