Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The height differential in the brick sidewalk upon which the plaintiff was caused to trip and fall was so trivial that it cannot not give rise to actionable negligence against the constructor of the sidewalk (see, e.g., Julian...
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