½ Inch Differential Was Trivial and Could Not Be Basis of Liability

The First Department affirmed the dismissal of a slip and fall complaint finding the one-half-inch differential between the level of the sidewalk and the frame of the cellar door was trivial and could not serve as the basis of liability.  Boynton v Haru Sake Bar, 2013 NY Slip Op 04113, 1st Dept, 6-6-13