About CasePrepPlus

About CasePrepPlus

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

 

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.


SECOND DEPARTMENT

PERSONAL INJURY, MUNICIPAL LAW, EVIDENCE, CIVIL PROCEDURE.

In This Slip-and-Fall Case Against NYC, at the Summary Judgment Stage, Once the City Demonstrates It Does Not Have Written Notice of the Condition That Caused the Fall, the Plaintiff Must Come Forward With Evidence That an Exception to the Written-Notice Requirement Applies, Even If, as Here, the Complaint Alleges No Exception Applies; Case Law to the Contrary Should No Longer Be Followed
The Second Department, reversing Supreme Court, in a full-fledged opinion by Justice Miller, clarified the burdens of proof at the summary judgment stage where the municipality demonstrates it did not have written notice of the condition that allegedly caused plaintiff’s slip and fall. Once the city demonstrates a lack of written notice, the plaintiff must come forward with proof of an applicable exception to the written-notice requirement, even where, as here, the complaint alleged no exception applies. Precedent to the contrary should no longer be followed. Smith v. City of New York, 2022 N.Y. Slip Op. 05226, Second Dept 9-21-22