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RICKER v. BOARD OF EDUCATION OF TOWN OF HYDE PARK

61 A.D.3d 735 (2009)

876 N.Y.S.2d 658

JAMES B. RICKER, Respondent, v. BOARD OF EDUCATION OF TOWN OF HYDE PARK et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 14, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. "[T]here 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" (Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]). Rather, a court must look at the "width, depth, elevation, irregularity and...

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