2021 NY Slip Op 33005(U)
SALVATORE MARINO, Plaintiff,
v.
THE CITY OF NEW YORK and FRANK "CRANE, Defendants.
Motion No. 002
Index No. 150041/2019
Supreme Court, Richmond County
December 7, 2021
Unpublished Opinion
DECISION AND ORDER
Recitation, as required by CPLR 2219(a) of the following papers numbered "1" through "4" were fully submitted on the 10th day of November 2021:
-
Papers Numbered
Defendant CRANE's, Notice of Motion, Affirmation, Statement of Material Facts and Exhibits for Reargument of MS_001 (NYSCEF 61-68).................................................
1, 2
MS_001-NYSCEF 35-60.............................................................................................
3
Plaintiffs Affirmation in Opposition and Statement of Material Facts (NYSCEF 71-72).............................................................
4
Upon the foregoing papers, defendant, FRANK CRANE's, motion for summary judgment is decided as follows:
This is an action for personal injuries allegedly sustained by plaintiff on the sidewalk adjacent to the property located at 111 Walbrooke Avenue, Staten Island, New York. It is undisputed that the property is a one-family home owned by Frank Crane (hereinafter "Crane"). Mr. Crane purchased the home in 1995.
Crane initially served a motion for summary judgment (MS_001), which was denied by a short form Order dated August 13, 2021 for failure to include a Statement of Material Facts in
1
accordance with 22 NYCRR 202.8-g. Crane has now served a motion to reargue this denial of summary judgment. In support of Crane's request for leave to reargue the motion, it is brought to the attention of the Court that the Statement of Material Facts was, in fact, served but erroneously e-filed with the Notice of Motion...
