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, CONTRACT LAW, EVIDENCE.

Plaintiff Was Struck by a Piece of a Building Facade That Came Loose; Plaintiff Sued Two Defendants Who Had Done Work in the Roadway Near the Building, Alleging the Excavation Loosened the Facade Material; Defendants’ Motions for Summary Judgment Should Not Have Been Granted

The Second Department, reversing Supreme Court, determined defendants’ motions for summary judgment should not have been granted. Plaintiff was struck by a piece of the facade of a brownstone that came loose. Plaintiff sued Keyspan Energy Delivery and Harris Water Main and Sewer Contractors alleging excavation work done by the defendants near the building loosened the facade: “A contractual obligation, standing alone, generally will not give rise to tort liability in favor of a third party (see Espinal v. Melville Snow Contrs., 98 NY2d 136, 140). ‘[A]n exception to this rule applies where the contracting party, in failing to exercise reasonable care in the performance of contractual duties, launches a force or instrument of harm, such as by creating or exacerbating a dangerous condition’ … . The plaintiffs alleged that the vibrations from Harris’s work in the roadway created or exacerbated the alleged dangerous condition on the facade of the subject building.” Payne v. Murray, 2021 N.Y. Slip Op. 05576, Second Dept 10-13-21