The owner is not iable for trivial defects, not constituting a trap or nuisance, over which a pedestrian might merely stumble, stub a toe, or trip. In determining whether the defect is trivial, the court must examine all of the facts presented, including the width, depth, elevation, irregularity, and appearance of the defect, as well as the time, place, and circumstances of the incident.. In moving to dismiss the complaint, the defendant may submit photographs which fairly and accurately represent the accident site.
Acevedo v. City of Yonkers, NY Slip Op 03881 (2d Dep't July 15, 2020)
Here is the decision.
