HUTCHINSON v. SHERIDAN CORP.

Nos. 144, 145, 146.

26 N.Y.3d 66 (2015)

41 N.E.3d 766

19 N.Y.S.3d 802

2015 NY Slip Op 07578

LEONARD HUTCHINSON, Appellant, v. SHERIDAN HILL HOUSE CORP., Respondent. MATVEY ZELICHENKO, Appellant, v. 301 ORIENTAL BOULEVARD, LLC, Respondent. MAUREEN ADLER, Appellant, v. QPI-VIII LLC, et al., Respondents.

Court of Appeals of New York.

Decided October 20, 2015.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel) and Getz & Braverman, P.C. ( Michael Braverman of counsel), for appellant in the first above-entitled action.

Kaufman Dolowich & Voluck, LLP, Hackensack, New Jersey ( Kevin J. O'Donnell of counsel), for respondent in the first above-entitled action.

Wingate, Russotti, Shapiro & Halperin, LLP, New York City ( David M. Schwarz of counsel), for appellant in the second above-entitled action.

Gannon, Rosenfarb, Balletti & Drossman, New York City ( Lisa L. Gokhulsingh of counsel), for respondent in the second above-entitled action.

Margaret G. Klein , Defense Association of New York, Inc. ( Andrew Zajac , Dawn C. DeSimone , Rona L. Platt and Jonathan T. Uejio of counsel), for Defense Association of New York, Inc., amicus curiae, in the second above-entitled action.

Law Offices of Vel Belushin, P.C., Brooklyn ( Georgette Hamboussi of counsel), for appellant in the third above-entitled action.

McGaw, Alventosa & Zajac, Jericho ( Joseph Horowitz of counsel), for respondents in the third above-entitled action.

Opinion by Judge FAHEY. Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM and STEIN concur.


OPINION OF THE COURT

These cases teach that it is usually more difficult to define what is trivial than what is significant. The common factual and procedural thread among the three appeals before us is that an individual tripped on a defect in a sidewalk or stairway, and was injured, but was foreclosed from going to trial on...

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