PMT Wins Summary Judgment Applying New York’s Trivial Defect Doctrine

By David M. Bordoni.

Pillinger Miller Tarallo, LLP obtained a significant victory in Supreme Court, New York County, securing summary judgment and dismissal of all claims against its clients in a premises liability action involving an alleged defective sidewalk.

In Antonette Miller v. Metropolitan 919 3rd Avenue LLC, 919 Ground Lease LLC, SL Green Realty Corp., et al. (Supreme Court, New York County, Index No. 155439/2020 – PMT: General Liability, Premises Liability, and Complex Multi-Party Litigation), the plaintiff alleged she sustained injuries after tripping and falling on a sidewalk adjacent to 917 Third Avenue in Manhattan. She claimed that a height differential between adjoining sidewalk flags constituted a dangerous condition for which the property owner and manager were responsible.

PMT moved for summary judgment, arguing that the alleged sidewalk condition was legally trivial and therefore not actionable under New York law. The motion emphasized that the alleged elevation differential measured approximately one-half inch, the accident occurred during daylight hours under clear conditions, and there were no aggravating circumstances—such as broken pavement, debris, poor lighting, snow, or ice—that would transform the condition into a dangerous defect. PMT also demonstrated that plaintiff’s own expert measured the alleged defect at approximately one-half inch, supporting defendants’ position that the condition was trivial.

The Court agreed, finding that defendants established their entitlement to judgment as a matter of law. The Court rejected plaintiff’s reliance on New York City sidewalk repair standards, explaining that municipal repair criteria do not replace the longstanding common-law analysis governing trivial defects. The Court further held that plaintiff failed to raise a triable issue of fact demonstrating that the condition presented anything more than a minor elevation differential under the surrounding circumstances.

Accordingly, the Court granted defendants’ motion for summary judgment and dismissed the complaint in its entirety.

This decision highlights PMT’s continued success in defending premises liability actions through strategic motion practice and careful application of New York’s trivial defect doctrine, protecting clients from liability where alleged sidewalk conditions do not constitute actionable hazards under the law.

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Should you have any questions, please call our office at (914) 703-6300 or contact:

Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com

Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com

Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com

Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com