Monopoli v. County of Nassau

S. Miller, J.P.,

dissents and votes to reverse the order insofar as appealed from, deny the motion, and reinstate the complaint insofar as asserted against the County of Nassau, with the following memorandum: I do not agree with the majority’s conclusion that the plaintiffs failed to demonstrate the existence of an issue of fact as to whether the defendant County of Nassau created the alleged dangerous condition: the tree stump adjacent to the sidewalk on Merrick Road which caused the plaintiff Barry Monopoli to fall from his bicycle. An eyewitness, Francesco Gomez, who was employed by the…