## Facts

- Estelle Hecht fell on a public sidewalk outside a garage operated by Square Depew Garage Corporation and claimed injuries.
- Hecht sued the City of New York and Square Depew Garage Corporation, alleging negligent failure to maintain the sidewalk in a reasonably safe condition.
- Trial evidence showed a slight gap between two sidewalk flagstones; the gap was characterized as trivial.
- A jury found both defendants liable and apportioned responsibility equally.
- Only the City appealed from the judgment; the Appellate Division reversed on the law and dismissed the complaint, stating the entire judgment was before it and dismissal necessarily applied to the nonappealing garage defendant as well.

## Issues

1. Whether a slight, trivial gap between sidewalk flagstones constitutes an actionable defect supporting negligence liability.
2. Whether an appellate court may vacate or dismiss a judgment against a nonappealing joint tortfeasor when only a codefendant appeals.

## Decision

- The court agreed the sidewalk condition was trivial and not an actionable defect, and it affirmed dismissal of the complaint against the City.
- The court held the Appellate Division lacked power to grant affirmative relief to Square Depew Garage Corporation because it did not appeal.
- The court modified the Appellate Division’s order by reinstating the plaintiff’s judgment against Square Depew Garage Corporation, while leaving the City’s dismissal intact.

## Legal Principles

- An appellate court’s authority to review a judgment depends on a timely appeal; its review is generally confined to the portions of the judgment that aggrieve the appealing party.
- Generally, an appellate court cannot grant affirmative relief to a nonappealing party unless doing so is necessary to accord full relief to the appellant.
- A minor sidewalk irregularity that is trivial as a matter of law is not an actionable defect and will not support negligence liability.

## Conclusion

The court held that a trivial sidewalk gap did not establish municipal negligence, affirmed dismissal as to the City, and reinstated the judgment against the nonappealing garage defendant because appellate courts may not grant relief to nonappealing parties absent necessity to provide full relief to the appellant.


Hecht v. City of New York, 60 N.Y.2d 57, 467 N.Y.S.2d 187, 454 N.E.2d 527 (1983)