February 17, 2012

Affirmative acts of negligence.


Practice point: A defendant may be liable for an affirmative act of negligence which results in the creation of a dangerous condition upon a public street or sidewalk.

Student note: Speculation and surmise are insufficient to defeat a motion for summary judgment.

Case: Jeansimon v. Lumsden, NY Slip Op 00931 (2d Dept. 2012).


Tuesday’s issue:  Labor Law.