Practice point: The Appellate Division affirmed the Court's determination that claimant failed to
establish that the State created, or had actual or
constructive notice of, the icy condition on a walkway at the state facility where claimant fell. The State had no more than
a general awareness that icy conditions had developed on the hospital grounds, which was insufficient to
constitute notice of the specific condition that caused the fall.
Student note: In reviewing a determination made after a nonjury trial, the power of
the Appellate Division is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts. In a close case, the Appellate Division will bear in mind that the trial judge had the advantage
of seeing the witnesses.
Case: Atkins v. State of New York, NY Slip Op 08387 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: The denial of defendant's summary judgment motion in a Labor Law § 200 action.
