In Denyssenko v. Plaza Realty Services, Inc., 8 AD3d 207 (1st Dept 2004) the photographic evidence of the alleged hazard, showed a "jagged-edged" pothole filled with water. Further, the pictures indicated that the hazard was an apparent long-standing defect, in that the pictures were taken within two weeks of plaintiffs accident, and the plaintiff testified that the condition existed on the day of her accident. As such, the Denyssenko court determined that an issue of fact was raised as to constructive notice, and whether the defect was trivial.