New York courts refuse to set a fixed measurement for triviality; instead they weigh the defect's dimensions along with its appearance, location, lighting, and the circumstances of the fall. A shallow, gradual height difference on an open stretch may be trivial, while the same measurement at a shadowed doorway with a jagged edge may not be. For NYC owners this doctrine is a possible defense, not a repair standard, because DOT can still issue a violation for defects a court might call trivial. Repairing early avoids testing the doctrine in litigation.
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