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LEONARD HUTCHINSON, plf-ap, v. SHERIDAN HILL HOUSE CORP., def-res

10366. LEONARD HUTCHINSON, plf-ap, v. SHERIDAN HILL HOUSE CORP., def-res — Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for ap — Kenny & Zonghetti, LLC, New York (Kevin J. O'Donnell of counsel), for res — Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered July 27, 2012, which granted defendant's motion for summary judgment dismissing the complaint, affirmed, without costs.

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10366. LEONARD HUTCHINSON, plf-ap, v. SHERIDAN HILL HOUSE CORP., def-res — Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for ap — Kenny & Zonghetti, LLC, New York (Kevin J. O’Donnell of counsel), for res — Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered July 27, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.

Plaintiff Leonard Hutchinson seeks damages for injuries sustained when he tripped and fell on a sidewalk located in front of the premises owned by defendant Sheridan Hill House Corp. Plaintiff testified that on April 23, 2009, a sunny and warm day, between 10:00 a.m. and 11:00 a.m., he was walking to the supermarket, which was two blocks from his home. While walking on the sidewalk in front of 1413 Sheridan Avenue, his right foot got caught on a round metal screw or other object that was protruding from the sidewalk. The metal object or screw appeared to have been placed in the concrete as part of the construction of the sidewalk and was never removed. According to plaintiff, he saw the metal object after he fell, and had never seen it before, although he had passed the location at least one hundred times before the accident.

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