Wellington Reynoso Rosario v Wyckoff Supermarket Assoc., Inc., et al.
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Attorneys and Parties
Brief Summary
Premises liability involving a sidewalk trip-and-fall and the trivial-defect doctrine.
The Supreme Court, Kings County, granted summary judgment to the defendants and dismissed the amended complaint insofar as asserted against them, finding the alleged sidewalk defect trivial and not actionable.
The Appellate Division reversed the order granting summary judgment to Wyckoff Supermarket Assoc., Inc., 452 Wyckoff Holdings, LLC, and Bogopa, Inc.
The defendants failed to make a prima facie showing that the sidewalk height differential was physically insignificant and that the defect's characteristics or surrounding circumstances did not increase the risk it posed. They offered no objective measurements, and the photographs did not permit the court to reasonably infer the defect's extent.
Background
The plaintiff alleged that in December 2018 he tripped and fell on a public sidewalk abutting the defendants' Brooklyn premises because of a misleveled portion of the sidewalk. He sued for personal injuries, claiming the defendants negligently maintained the area. The defendants moved for summary judgment, arguing that the alleged sidewalk defect was trivial as a matter of law.
Lower Court Decision
The Supreme Court, Kings County, granted the defendants' motion for summary judgment and dismissed the amended complaint insofar as asserted against them on the ground that the condition was trivial and nonactionable.
Appellate Division Reversal
The Appellate Division, Second Department, reversed and denied the defendants' motion. It held that the defendants' proof, including the plaintiff's deposition testimony and photographs, was insufficient to establish triviality as a matter of law. The record lacked objective measurements or any adequate quantification of the defect's dimensions, especially its height, and the photographs showed an irregular sidewalk but did not allow the extent of the defect to be ascertained or reasonably inferred. Because the defendants failed to meet their initial burden, the motion had to be denied regardless of the sufficiency of the plaintiff's opposition.
Legal Significance
This decision reinforces that a defendant seeking summary judgment on a trivial-defect theory must first present evidence showing both that the defect is physically insignificant and that the surrounding circumstances do not heighten the danger. There is no per se size threshold for actionable defects. Photographs alone may suffice only when they clearly depict the defect well enough for a court to draw reliable inferences about its dimensions and risk. If the moving defendant fails to satisfy that prima facie burden, summary judgment must be denied without considering whether the plaintiff's opposition independently raises a factual issue.
In New York sidewalk trip-and-fall cases, defendants cannot win summary judgment on triviality without clear proof of the defect's dimensions or photographs from which those dimensions can reasonably be inferred.