Tenant's Request for Court Ruling Without Trial Was Untimely

Tenant sued landlord for negligence based on injuries she claimed she suffered when the bathroom ceiling in her apartment collapsed; struck her on the neck, back, and shoulder; and knocked her to the ground. Tenant claimed that before the accident, she wrote letters to building management about the condition, including recurring water leaks and the presence of mold. Tenant said that at other times she'd made more than 20 calls to 311 about apartment problems, and city inspectors had been to the apartment more than 40 times over the years. After tenant filed her Note of Issue in the court case on Dec. 30, 2019, she had 60 days to request summary judgment without trial by Feb. 28, 2020, from the court. Tenant made an untimely request for summary judgment after Feb. 28. The court granted landlord's request to dismiss the request as untimely. The COVID pandemic was no excuse since it arose after the deadline expired, and tenant showed no good cause for her delay.

Wilson v. 1229-1273 Realty Corp.: Index No. 22739/2018, 2020 NY Slip Op 51058(U)(Sup. Ct. Bronx; 9/18/20; Armstrong, J)