Dominguez v. OCG, IV, LLC

Appellant failed to demonstrate its entitlement to summary judgment since it did not establish that the defect in the subject step was trivial as a matter of law. Whether a defect in a sidewalk or step is trivial is generally a matter for a jury, and “a mechanistic disposition of a case based exclusively on the dimension of the . . . defect is unacceptable” (Trincere v County of Suffolk, 90 NY2d 976, 977-978 [1997]). Appellant relied on photographs of the step to establish that the defect was trivial, but the photographs show an irregular, patched and worn surface, which is not inconsistent…