Schwartz v. Bleu Evolution Bar & Restaurant Corp.
Cases that cite this one
10 later published cases cite this decision.
- Hutchinson v. Sheridan Hill House Corp. (Appellate Division of the Supreme Court of New York 2013)
- Hutchinson v. Sheridan Hill House Corp. (Appellate Division of the Supreme Court of New York 2013)
- Marks v. 79th St. Tenants Corp. (Appellate Division of the Supreme Court of New York 2021)
- Marks v. 79th St. Tenants Corp. (Appellate Division of the Supreme Court of New York 2021)
- Gomez v. Congregation K'Hal Adath Jeshurun, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Gomez v. Congregation K'Hal Adath Jeshurun, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Boynton v. Haru Sake Bar (Appellate Division of the Supreme Court of New York 2013)
- Boynton v. Haru Sake Bar (Appellate Division of the Supreme Court of New York 2013)
- Castro v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Castro v. City of New York (Appellate Division of the Supreme Court of New York 2012)
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
Plaintiff tripped and fell when her foot got caught in a gap between two sidewalk flags. The gap was approximately one-half-inch wide and the height differential between the flags was also approximately one-half inch. Defendants are entitled to summary judgment based on plaintiffs theory of how the accident occurred. The gap between the flags and the height differential was trivial and plaintiff has not come forward with evidence to show that the defect presented a significant hazard despite being de minimis (see Gaud v Markham, 307 AD2d 845, 846 [2003], citing Trincere v County of Suffolk, 90 NY2d 976, 977-978 [1997]). Concur — Andrias, J.E, Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ. [Prior Case History: 2011 NY Slip Op 30938(11).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.