Evans v. Pyramid Co.

I respectfully dissent. I agree with the majority that the question of whether a defect is so trivial as to be nonactionable cannot be decided solely on the basis of a predetermined depth of a sidewalk depression or difference in elevation. However, it has been repeatedly held by all four Appellate Divisions that a difference in elevation of one inch or less, where the complained of defect possesses none of the characteristics of a trap or snare, is nonactionable (see, Hecht v City of New York, 89 AD2d 524, mod on other grounds 60 NY2d 57; Mascaro v State of New York, 46 AD2d 941, affd 38…