Torts.

Practice point: A property owner is not liable for damages resulting from a trivial defect over which a pedestrian stumbles or trips.

Students should note that, in determining whether a defect is trivial as a matter of law, the court will consider the width, depth, elevation, irregularity and appearance, along with the time, place and circumstances of the injury.

Case: Aguayo v. New York City Hous. Auth., NY Slip Op 02494 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.