Herrera v. City of New York

Sullivan, J. P.,

dissents in a memorandum as follows: In my view, appellant’s motion for summary judgment should have *121been granted and the complaint against appellant dismissed. The evidence reflects that the only defect in the sidewalk is the elevation differential of 3A of an inch. Such differentials, without more, have been held to be non-actionable. (Morales v Riverbay Corp., 226 AD2d 271.) “It is settled that ‘[t]he owner of a public passageway may not be cast in damages for negligent maintenance by reason of trivial defects on a walkway, not constituting a trap or nuisance, as a…