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DOMINGUEZ v. OCG, IV, LLC

4416, 303790/07, 4416A.

82 A.D.3d 434 (2011)

918 N.Y.S.2d 406

MICHAEL DOMINGUEZ, Respondent, v. OCG, IV, LLC, Appellant, et al., Defendant.

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

Decided March 3, 2011.

Appellant failed to demonstrate its entitlement to summary judgment since it did not establish that the defect in the subject step was trivial as a matter of law. Whether a defect in a sidewalk or step is trivial is generally a matter for a jury, and "a mechanistic disposition of a case based exclusively on the dimension of the . . . defect is unacceptable" (Trincere v County of Suffolk, 90 N.Y.2d 976, 977-978 [1997]). Appellant...

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