Valentin v. Columbia University
Opinion of the Court
Contrary to defendant’s contention, it failed to establish that the defect was trivial as a matter of law, since there is a lack of evidence demonstrating the size of the gap between the pavers (see Rivas v Crotona Estates Hous. Dev. Fund Co., Inc., 74 AD3d 541 [2010]). Furthermore, because the loose condition of a paver is difficult to detect, such a condition, combined with a gap between pavers, creates a triable issue as to whether the condition of the walkway, regardless of any triviality, had the characteristics of a trap or snare (see Glickman v City of New York, 297 AD2d 220 [2002]). Concur — Saxe, J.P., Sweeny, DeGrasse, Manzanet-Daniels and Román, JJ. [Prior Case History: 2010 NY Slip Op 32219(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.