You are here: / / 7/8 INCH HEIGHT DIFFERENTIAL BETWEEN THE FLOOR AND DOORWAY THRESHOLD WAS...
, ,

7/8 INCH HEIGHT DIFFERENTIAL BETWEEN THE FLOOR AND DOORWAY THRESHOLD WAS DEEMED TRIVIAL AS A MATTER OF LAW IN THIS SLIP AND FALL CASE; THE NYC BUILDING CODE, WHICH REQUIRES A HEIGHT DIFFERENTIAL OF NO MORE THAN 1/2 INCH, DID NOT APPLY TO THE HOME PURCHASED IN 1980 (FIRST DEPT).

The First Department, reversing (modifying) Supreme Court, determined the 7/8 height-differential between the floor and the threshold was trivial as a matter of law in thus slip and fall case. The court noted that the NYC Building Code, which requires a height-differential of no more than 1/2 inch did not apply to the home which was purchased in 1980:

The 7/8-inch height differential between defendant’s kitchen tile floor and the door saddle is readily discernible from the photographs authenticated by plaintiff, and the alleged defect had none of the characteristics of a trap or snare … . Plaintiff’s deposition testimony established that she was not distracted and could see the door saddle before the accident. Plaintiff had repeatedly walked over the saddle in the days leading up to her accident and had noticed the raised condition of the door saddle … . Defendant was not required to provide an expert’s affidavit to make a prima facie showing that the height differential was trivial … . * * *

“Existing buildings are generally exempt from the provisions of the current [New York City Building Code] unless there is substantial renovation or change in use” … . Defendant testified that the linoleum flooring adjacent to the door saddle was changed to tile in the “late” 1990s. However, plaintiff’s professional engineer made no showing that changing the flooring constituted a substantial renovation or change in use causing the 2008, 2010, and 2022 Building Codes to apply. Mejias v Basch, 2025 NY Slip Op 06137, First Dept 11-6-25

Practice Point: Here a 7/8 inch height differential between the floor and a doorway threshold was deemed trivial as a matter of law and the slip and fall case was dismissed. The Building Code, which requires a height differential of no more than 1/2 inch, did not apply because the home was purchased before that building code provision was enacted.

 

You might also like
DEFENDANT IN THIS GRAND LARCENY CASE WAS DETAINED BY STORE SECURITY GUARDS; DEFENSE COUNSEL FIRST LEARNED THE IDENTITY OF ONE OF THE STORE’S SECURITY PERSONNEL ON THE EVE OF THE HEARING TO DETERMINE WHETHER THE SECURITY GUARDS WERE LICENSED TO EXERCISE POLICE POWERS OR WERE AGENTS OF THE POLICE; THEREFORE DEFENSE COUNSEL’S REQUEST FOR AN ADJOURNMENT TO SUBPOENA THE STORE’S EMPLOYMENT POLICIES AND OTHER EMPLOYMENT INFORMATION SHOULD HAVE BEEN GRANTED (FIRST DEPT).
DESPITE THE HORRIFIC NATURE OF THE CRIME, DEFENDANT’S SENTENCE WAS REDUCED BECAUSE OF HIS MENTAL ILLNESS AND INTELLECTUAL DISABILITY (FIRST DEPT).
QUESTION OF FACT WHETHER DEFENDANT WHICH COULD STOP WORK FOR UNSAFE PRACTICES WAS A STATUTORY AGENT OF THE OWNER OR CONSTRUCTION MANAGER FOR PURPOSES OF LIABILITY UNDER LABOR LAW 240 (1) AND 241 (6) (FIRST DEPT).
LAW OFFICE FAILURE DEEMED A REASONABLE EXCUSE, DEFAULT JUDGMENT VACATED.
INSURANCE LAW STATUTE AND RELATED REGULATIONS WHICH PROHIBIT REAL PROPERTY TITLE INSURANCE COMPANIES FROM PROVIDING SPORTS TICKETS, MEALS AND OTHER ENTERTAINMENT TO SOLICIT BUSINESS FROM THOSE WHO USE THEIR SERVICES ARE VALID AND ENFORCEABLE (FIRST DEPT).
ALTHOUGH THE PUBLIC HEALTH LAW GAVE THE DECEDENT’S DAUGHTER THE AUTHORITY TO EXECUTE THE NURSING HOME’S ADMISSION AGREEMENT ON BEHALF OF HER FATHER, THE PUBLIC HEALTH LAW DID NOT GIVE HER THE AUTHORITY TO SIGN A BINDING ARBITRATION AGREEMENT ON HER FATHER’S BEHALF; THEREFORE THE DECEDENT’S WIFE WAS NOT BOUND BY THE ARBITRATION AGREEMENT IN HER SUIT AGAINST THE NURSING HOME (FIRST DEPT).
Defense Counsel, Not Defendant, Has the Ultimate Authority to Determine Whether Defendant Should Testify Before the Grand Jury
JURORS WHO ENGAGED IN PREMATURE DELIBERATIONS SHOULD NOT HAVE BEEN DISCHARGED AS “GROSSLY UNQUALIFIED” ABSENT A FINDING THEY COULD NOT RENDER AN IMPARTIAL VERDICT (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE “REFRAIN FROM GANG-RELATED ASSOCIATIONS” PROBATION CONDITIONS... PLAINTIFF RADIATION ONCOLOGIST, THE SOLE SHAREHOLDER IN PLANTIFF PROFESSIONAL...