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Trivial Defect Not Actionable


May 11, 2009 at 6:37:31 PM

In Madero v. Pizzagalli Construction Company, plaintiff tripped and fell on a concrete floor at a construction site. This defect was described as hardened concrete, grouting, or some other masonry product attached to a floor that had not yet been leveled. Plaintiff also testified that the defect in the floor floor measured ¾ of an inch in height, 1 inch wide, and 4 inches long. The Appellate Division held that based on plaintiff's description, the defect was trivial, and thus inactionable.
Thanks to Justin Rowe for his contribution to this post.
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