Moore v. Newport Associates L.P.

*619OPINION OF THE COURT

Herbert Kramer, J.

After the effective date of the New York City Sidewalk Law of 2003, is it possible to denominate an elevation differential between sidewalk slabs of more than one-half inch as being non-actionable because it is “de minimis”?

In July of 2006 plaintiff tripped and fell on an elevated sidewalk slab which defect was caused by the action of the roots of a tree growing in a nearby tree well. Defendant, the owner of the abutting multiple dwelling, moves for summary judgment dismissing plaintiffs complaint citing a number of cases that reiterate the long-standing…