In Smith v. Wilerdam Prop., Inc. , Judith Smith filed a negligence case against the owner of Wilderdam Property, Inc., doing business as " Rotterdam Square Mall ."
Smith was injured on the sidewalk in front of the mall's entrance and claimed her fall was triggered by the height differential of two sidewalk slabs.
After the Schenectady County Supreme Court granted Wilerdam's request to dismiss the case, Smith appealed to the Appellate Division, Third Department, which concluded the one-quarter of an inch difference was "trivial" -- particularly since Smith had previously used the sidewalk without incident, and, on the day in question, "the weather was sunny, the pavement was clean and free of debris, and the sidewalk was geneally level and in good condition."
Was there nothing rotten in Rotterdam ?
To download a copy of the Appellate Division's decision, please use this link: Smith v. Wilerdam Prop., Inc.