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SQUIRES v. COUNTY OF ORLEANS

284 A.D.2d 990 (2001)

726 N.Y.S.2d 536

DEBRA A. SQUIRES et al., Respondents, v. COUNTY OF ORLEANS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 8, 2001.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion seeking summary judgment dismissing the complaint. A property owner may not be held liable for damages caused by trivial defects on a walkway that do not constitute a trap or nuisance that could cause a pedestrian to stumble, stub his or her toes, or trip (see, Marinaccio v LeChambord Rest.,

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