Gigliotti v. St. Stanislaus Kostka Roman Catholic Church

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Plaintiff Mary Gigliotti seeks to recover damages for injuries she sustained when she tripped and fell over a defect in the concrete driveway of defendant church. The defect consisted of a five-eighths-inch deviation in the height of two adjoining concrete slabs. Such a *952small defect is not actionable unless it has the characteristics of a trap, snare or nuisance (see, Tesak v Marine Midland…