DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
While it is generally true that the finding of the existence of a dangerous or defective condition depends on the peculiar facts and circumstances of each case and is ordinarily a question of fact for the jury (see Trincere v. County of Suffolk, 90 N.Y.2d 976), not every determination poses a jury question. "[A] property owner may not be held liable in damages for `trivial defects on a walkway, not constituting a trap or nuisance, as a consequence of which a pedestrian might merely stumble, stub his [or her] toes, or trip over a raised projection'" (Marinaccio v. LeChambord Rest., 246 A.D.2d 514, 515, quoting Guerrieri v. Summa, 193 A.D.2d 647). Thus, alleged defects may, as a matter of law, be too trivial to be actionable (see Neumann v. Senior Citizens Ctr., 273 A.D.2d 452).
The plaintiff seeks to recover damages for personal injuries allegedly sustained when she tripped and fell in the defendant's parking lot. Unable to describe the size of the alleged crack in the pavement, the plaintiff submitted a photograph that both she and her husband represented accurately reflected the condition of the pavement at the time of the plaintiff's fall. Scrutiny of the photograph and the other evidence in the record supports the conclusion that, as a matter of law, the alleged defect, which did not have any of the characteristics of a trap or nuisance, was too trivial to be actionable (see Trincere v. County of Suffolk, supra; Neumann v. Senior Citizens Ctr., supra). Accordingly, the Supreme Court did not err in granting the motion and that branch of the cross motion which was for summary judgment dismissing the complaint.
RITTER, J.P., O'BRIEN, GOLDSTEIN and TOWNES, JJ., concur.