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Trivial Defect in Sidewalk Not Actionable/First Floor Tenant Abutting Sidewalk Not a Proper Defendant

In a sidewalk slip and fall case, over a substantial dissent, the First Department determined “a three-quarter-inch expansion joint, which was not filled to grade level, coupled with a one-fourth-inch height differential between slabs … was “trivial” and therefore not actionable as a matter of law…”.  Although there was evidence the width of the expansion joint exceeded the Department of Transportation construction specifications, the First Department noted there was no evidence the sidewalk was constructed with the defect.  The First Department also dismissed the action against the first-floor commercial tenant of the abutting building on the ground that the tenant was not an owner within the meaning of section 7-210 of the Administrative Code of the City of New York.  Fayolle v East W Manhattan Portfolio LP, 2013 NY Slip Op 05431, 1st Dept 7-23-13

 

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