Hutchinson v. Sheridan Hill House Corp.

Acosta, J.P., and Saxe, J.,

dissent in an memorandum by Saxe, J., as follows: I would reverse the order on appeal and deny defendant’s motion for summary judgment dismissing the *554complaint. The majority’s dismissal is based on an assessment of the sidewalk defect as too trivial to be actionable, and on an asserted lack of notice. However, in my view, the submissions offered in support of defendant’s motion do not justify dismissal on either basis.

Plaintiff asserts that he tripped and fell while walking on the sidewalk in front of defendant’s premises, when his right foot got caught on a round…