Affirmation in Support of Motion For Leave to File Late Summary Judgment Motion

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__________ [Name], an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the truth of the following statements, upon information and belief, under the penalty of perjury:

1. I am an attorney with the firm __________ [Name], attorneys for the Defendants, __________ (“Defendants”), and as such I am fully familiar with all the prior proceedings in the above-referenced matter.

2. This Affirmation is respectfully submitted in support of the Defendants’ motion for leave to file and serve a belated summary judgment motion pursuant to CPLR 3212(a) seeking an order pursuant to CPLR 3212 granting the defendants summary judgment dismissing the Plaintiff’s __________ [Name] summons and complaint on the grounds that the plaintiff’s legal action against the defendants does not present a triable issue of fact on which liability depends and the only issue is one of law.

3. This action is a personal injury action to recover for alleged injuries suffered by the Plaintiff on __________ [Date] as a result of an alleged defect in the public sidewalk in front of __________ [Address], New York.

4. This action was commenced by the service of a verified summons and complaint on the Defendants on or about __________ [Date]. Annexed as Exhibit __ is a copy of that verified summons and complaint.

5. On or about __________ [Date], Defendant, __________ [Name], served his verified answer with cross-claim to the complaint. On or about __________ [Date], Defendant, __________ [Name] served its verified answer with cross-claim to the complaint. Annexed as Exhibit __ is a copy of those verified answers.

6. On __________ [Date], the Plaintiff alleges that she slipped and fell on the public sidewalk in front of __________ [Name of business] located at __________ [Address], New York, as a result of an alleged dangerous, hazardous condition. Defendant __________ [Name] owns and leases the premises at __________ [Address] from co-defendant owner, __________ [Name].

7. It is well settled that the owner or lessee of land abutting a public sidewalk owes no duty to the public to keep the sidewalk in a safe condition unless the landowner or lessee creates a defective condition in the sidewalk or uses it for a special purpose. Nothing in the record suggests that the defendants made any repairs to the public sidewalk where the plaintiff purportedly fell, created the alleged defective condition in the sidewalk, used the sidewalk for any...