Thomas v. City of New York

—Order, Supreme Court, New York County (Marcy Friedman, J.), entered on or about November 7, 2001, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

A review of plaintiff’s deposition testimony, defendant City’s photographs of the alleged defect, and the City investigator’s report and accompanying affidavit, indicates that the defect alleged to have caused plaintiff’s injury was a metal grating barely raised above the adjacent public sidewalk. Although there is no “minimal dimension test,” in the absence of other contributing…