Summary
This Appellate Division, First Department decision reverses a trial court's grant of summary judgment in favor of defendants in a legal malpractice action. The plaintiff alleged that her attorneys were negligent in handling an underlying premises liability lawsuit concerning a defective sidewalk. The court held that the triviality of the sidewalk defect presented a triable issue of fact based on elevation measurements and municipal code violations, thereby precluding summary dismissal.
Topics
Practice areas
Questions Presented
- Whether the alleged sidewalk defect was legally trivial such that summary judgment was proper
- Whether the plaintiff could prove the essential elements of her underlying negligence claim
Holdings
- The appellate division held that a defendant moving for summary judgment on the basis of triviality must make a prima facie showing that the defect is physically insignificant and that the characteristics of the defect or surrounding circumstances do not increase the risks it poses; no per se size rule exists; the issue is fact‑intensive and therefore a jury question, so summary judgment was improper.
Key quotations
“A defendant moving for summary judgment on the basis that the alleged defect is trivial must "make a prima facie showing that the defect is, under the circumstances, physically insignificant and that the characteristics of the defect or the surrounding circumstances do not increase the risks it poses".” (199 AD3d 509-510)
Factual background
Plaintiff Maria Barrett alleged she was injured when she tripped and fell on a defective sidewalk. The defect was alleged to be a sidewalk flag with an elevation differential of roughly one‑half to one and a half inches. Defendants, who had represented her in the underlying negligence action, were accused of negligently pleading the location of the accident and failing to oppose the defendants' summary‑judgment motion.
Procedural history
The Supreme Court, New York County entered a judgment on June 13, 2024 granting defendants' motion for summary judgment and dismissing the plaintiff's legal malpractice complaint. The plaintiff appealed, and the Appellate Division, First Department reversed the summary‑judgment order.