Brief Description of Case:
This is an action in which plaintiff seeks recovery for personal injuries allegedly sustained in a slip and fall accident that occurred in an aisle adjacent to the bakery department at the Franklin Sq., Pathmark. It is alleged that plaintiff slipped and fell on a dangerous condition on the floor created by the insured’s cleaning crew as a result of the negligent cleaning procedures.
Court or Jury’s Decision and Reasoning:
By way of short form order dated October 21, 2021 the Supreme Court, Suffolk County, (Hon. Justice Martha L. Luft), denied plaintiff’s motion for partial summary judgment on the issue of liability, holding that it was untimely and rejecting plaintiff’s arguments: (1) that the motion should be considered timely as it was filed within 120 days of the date on which this case was converted to e-filing; and (2) that ‘good cause” was shown for considering the motion, as plaintiff’s counsel’s office experienced difficulties resulting from the COVID-19 pandemic.