Whether there is a dangerous or defective condition on the property so as to create liability depends on the peculiar facts and circumstances of each case, and, generally, is a question of fact for the jury to decide. A defendant seeking dismissal on the basis that the alleged defect is trivial must make a prima facie showing that, under the circumstances, the defect is physically insignificant, and that the defect's characteristics or the surrounding circumstances do not increase the risks it poses. Only then does the burden shift to the plaintiff to establish an issue of fact. There is no minimal dimension test or per se rule that a defect must be of a certain minimum height or depth in order to be actionable, and summary judgment may not be granted to a defendant exclusively on the dimensions of the defect.
Arpa v. 245 E. 19 Realty LLC, NY Slip Op 06444 (1st Dep't November 12, 2020)
