Appellate Division of the Supreme Court of New York, 2002

Glickman v. City of New York

Appellate Division of the Supreme Court of New York · Decided August 8, 2002

297 A.D.2d 220; 746 N.Y.2d 24; 746 N.Y.S.2d 24; 2002 N.Y. App. Div. LEXIS 7856

Cases that cite this one

11 later published cases cite this decision.

Adams v. Hilton Hotels, Inc. (Appellate Division of the Supreme Court of New York 2004)
Bovee v. Posniewski Enters., Inc. (Appellate Division of the Supreme Court of New York 2022)
Carter v. HP Lafayette Boynton Hous. Dev. Fund Co., Inc. (Appellate Division of the Supreme Court of New York 2022)
Red v. Four Points By Sheraton New York Downtown Hotel (District Court, S.D. New York 2022)
Sampson v. Sarah Lawrence College (District Court, S.D. New York 2021)
Wongsing v. Wal-Mart Real Estate Business Trust (District Court, S.D. New York 2021)
Flores v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2017)
Frederickson v. City of New York (Appellate Division of the Supreme Court of New York 2017)
The People v. Thomas Barnes (N.Y. 2015)
Hutchinson v. Sheridan Hill House Corp. (N.Y. 2015)
Valentin v. Columbia University (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*221Plaintiff allegedly tripped and fell in a parking lot and onto an adjacent sidewalk as she prepared to enter her car. She claimed that she had tripped in a shallow depression, or a “dip,” which constituted a trap. Her expert concluded that the location of the dip, where a person leaving a busy parking area might be focused "more on traffic rather than looking at the ground, might have increased the hazard, especially if the dip was hard to see. Finding that the submitted evidence demonstrated that the defect, if any, was only trivial, the motion court dismissed the action. However, we find factual issues regarding whether the dip, even if trivial, presented a hazard due to factors which made it difficult to detect (Tesak v Marine Midland Bank, 254 AD2d 717). As we have stated elsewhere, “even a trivial defect may constitute a snare or trap * * *. While a gradual, shallow depression is generally regarded as trivial * * * the presence of an edge which poses a tripping hazard renders the defect nontrivial * * *. Furthermore, factors which make the defect difficult to detect present a situation in which an assessment of the hazard in view of ‘the peculiar facts and circumstances’ is appropriate * * *” (Argenio v Metropolitan Transp. Auth., 277 AD2d 165, 166). Trial is warranted on this issue. Concur — Tom, J.P., Buckley, Ellerin, Wallach and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.