Opinion
February 2, 1987
Appeal from the Supreme Court for the Second and Eleventh Judicial Districts.
Ordered that the order is affirmed, without costs or disbursements.
While we fully recognize that there is no rule that a defect in the pavement of a parking lot must be of certain minimum dimensions or constitute a trap in order to render one liable for injuries sustained thereby (see, Loughran v. City of New York, 298 N.Y. 320; Marcus v. County of Nassau, 95 A.D.2d 846; Caldicott v. City of New York, 32 A.D.2d 832), we agree with the Justices at the Appellate Term that, under the facts and circumstances of this case, the plaintiff failed to establish actionable negligence on the part of the defendant (see, Fox v. Brown, 15 N.Y.2d 597; Allen v. Carr, 28 A.D.2d 155, affd 22 N.Y.2d 924; Keirstead v. City of New York, 24 A.D.2d 486, affd 17 N.Y.2d 535). Niehoff, J.P., Rubin, Lawrence and Sullivan, JJ., concur.