Maxson v. Brentwood Union Free School District

31 A.D.3d 506 (2006).  In this action we represented the plaintiff seeking to recover damages against the school district for injuries sustained as a result of a defective condition on the district’s property. The Supreme Court had granted the school district’s motion to dismiss the complaint determining that the condition of the property was “de minimus” as matter of law. The Appellate Division reversed, holding that in determining whether a defect is trivial, the court must examine all of the facts presented, including the width, death, elevation, irregularity, and appearance of the defect, along with the time, place and circumstances of the injury. The court concluded that it could not conclude, as a matter of law, that the condition was so trivial in nature that it could not give rise to liability on the part of the defendant.