In Madero v. Pizzagalli Construction Company, plaintiff tripped and fell on a concrete floor at a construction site. This defect was described as hardened concrete, grouting, or some other masonry product attached to a floor that had not yet been leveled. Plaintiff also testified that the defect in the floor floor measured ¾ of an inch in height, 1 inch wide, and 4 inches long. The Appellate Division held that based on plaintiff’s description, the defect was trivial, and thus inactionable.

Thanks to Justin Rowe for his contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03701.htm