Argenio v. Metropolitan Transportation Authority

In Argenio v. Metropolitan Transportation Authority, 277 A.D.2d 165, 716 N.Y.S.2d 657, (1st Dept. 2000) the plaintiff tripped and fell over a depression in a highly traveled pedestrian walkway. Defendant argued that the defect was trivial in nature. The court denied summary judgment holding that a genuine issue of material fact existed as to whether depression in the floor of the railroad terminal, which was two inches wide, two inches long, and one-quarter inch deep, constituted a dangerous condition on the premises. Id.