Monopoli v. County of Nassau
Justice S. Miller dissents from the majority's decision to grant summary judgment to the County of Nassau. The case concerns plaintiff Barry Monopoli, who fell from his bicycle due to a tree stump on Merrick Road. An eyewitness testified seeing workers, believed to be from Nassau County, cut down the tree and later place traffic cones near the stump. Justice Miller argues that this eyewitness testimony creates a genuine issue of fact regarding the County's role in creating the dangerous condition, precluding summary judgment. Therefore, the dissent advocates for reversing the order and denying the County's motion.