In Deberry-Hall v. County of Nassau, 2011 NY Slip Op 06993 (2d Dept.), the plaintiff alleged that she sustained personal injuries on September 9, 2005 when she tripped and fell over a defective portion of the southside walkway to the West Annex of the Nassau County Courthouse in Mineola. The walkway was situated on property owned by the defendant, the County of Nassau. The County’s records showed that, from September 7, 2005 through September 9, 2005 its employees were present and in the process of repairing the walkways to the Nassau County Courthouse and its West and East Annexes.
The plaintiff filed her note of issue on June 30, 2009, and pursuant to a certification order, motions for summary judgment were due no later than 60 days from the filing of the note of issue. The County, however, did not move for summary judgment until September 2, 2009, which was 64 days after the filing of the note of issue.
Due to the County’s noncompliance with the certification order, and because the County did not demonstrate good cause for its failure to timely file its motion, its motion was denied by the Supreme Court. The Appellate Division, Second Department affirmed.
Salvatore R. Marino, Esq.