An injury resulting from a trivial defect, not constituting a trap or nuisance, is not actionable. In determining whether a defect is trivial, the court must examine the width, depth, elevation, irregularity, and appearance of the defect, along with the time, place, and circumstance of the injury. 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.
Brown v. Heron Flatbush, LLC, NY Slip Op 01603 (2d Dep't March 19, 2025)
