Das v. Sun Wah Restaurant

*753The plaintiff allegedly tripped and fell on a crack in a public sidewalk abutting the property owned by the nonparty LPA Management Co. (hereinafter LPA) and leased to the defendant Sun Wah Restaurant (hereinafter Sun Wah). The plaintiff subsequently commenced this action against Sun Wah and George Gus Livanos, one of LPA’s shareholders.

After issue was joined and discovery commenced, the parties stipulated that motions for summary judgment would be made returnable no later than May 19, 2010. Thereafter, Sun Wah timely moved for summary judgment dismissing the complaint and all cross claims…