On January 9 2019, upon oral argument, Marie Castronuovo successfully defeated plaintiff’s summary judgment motion against defendant on liability in a sidewalk case in Kings County. In Jacobs v. Bnei Chail Trust plaintiff alleged to have fallen on a tripping hazard of greater than ½ in violation of NYC Administrative Code §19-152. Plaintiff’s expert relied on photos of the defect, never having seen the condition because same was repaired by defendant.
Ms. Castronuovo argued, among other things, that the plaintiff’s motion was untimely, having been filed three weeks past the deadline for summary judgment motions in Kings County and there being no Order extending that time period, and the plaintiff’s expert’s narrative was inadmissible as it was unsworn.
Judge Devon Cohen agreed with Ms. Castronuovo and determined that the plaintiff’s motion was untimely and, even if it hadn’t been untimely, it still would have been denied because their expert’s narrative was unsworn and therefore inadmissible. Judge Cohen denied plaintiff’s motion for summary judgment against defendant on liability.