SUMMARY JUDGMENT GRANTED – PREMISES LIABILITY (Sidewalk Accident – Trivial Defect)

Summary judgment granted to Residential Apartment Complex owner in a premises liability action arising from a trip and fall on a New York City sidewalk abutting our client’s building. Plaintiff sustained fractures of both wrists requiring bilateral ORIF. Plaintiff retained an expert who would have testified that the sidewalk was in a dangerous condition. Nevertheless, the court was persuaded that the defect referenced in plaintiff’s expert responses was “trivial” in nature and not a proximate cause of the accident.