Plaintiff claimed she tripped and fell on the curb as she was attempting to enter our client’s premises. Plaintiff claimed that the curb was in disrepair and it failed to follow unspecified provisions of the state and local building codes as it was not painted to highlight that it transitioned from a standard curb to one with no height differential. However, plaintiff could not identify where she fell or how the transitioning height of the curb contributed to her accident. In its order granting summary judgment and dismissing the action, the court agreed that plaintiff was not able to identify how or where she fell. The court ruled that plaintiffs submitted sham affidavits in an effort to overcome their fatally flawed deposition testimony and, therefore, they were disregarded. The court also opined that even if dismissal was not appropriate on plaintiff’s failure to identify a defect, the defect alleged by plaintiffs’ counsel was too trivial to be actionable as a matter of law.