Villaplana v. Kane Assocs. Family Ltd. P'ship

Villaplana v. Kane Assocs. Family Ltd. P'ship, 17 Misc 3d 1129(A), 2007 NY Slip Op 52187(U), 6 (Sup. Ct. N.Y. County 2007) involved a trip and fall over a vertical gap between two sidewalk flags. There, the plaintiff provided evidence that the gap was half an inch and argued that the Administrative Code characterized such a gap as a substantial defect. However, the court ruled that without any additional evidence to establish the existence of any trap-like characteristics beyond a height differential, the case must be dismissed.