In McKenzie v. Crossroads Arena, LLC, 291 AD2d 860, 738 N.Y.S.2d 779 [4th Dept 2002], the court denied defendant's motion for summary judgment which sought dismissal on grounds that plaintiff tripped over a de minimis defect, namely a three quarter height difference between concrete slabs on the sidewalk. The Court concluded that insofar as the height difference was abrupt as opposed to gradual and that said defect was located in a dimly lit area on a misty night, whether this otherwise trivial defect was a hazard was a question of fact to be determined by a jury.