Practice point: While a landowner has a duty to maintain its premises in a reasonably safe manner, there is no duty on the part of a landowner to warn against an
open and obvious condition, such as a speed bump, that is readily
observable by those employing the reasonable use of their senses and is
not inherently dangerous.
Student note: A party's failure to disclose its experts pursuant to CPLR
3101(d)(1)(i) prior to the filing of a note of issue and certificate of
readiness does not divest a court of the discretion to consider an
affirmation or affidavit submitted by that party's experts in the
context of a timely motion for summary judgment. Here, however, the court declined to consider the
affidavit of the plaintiffs' expert which was submitted after the filing
of the note of issue and certificate of readiness.
Case: Brande v. City of White Plains, NY Slip Op 04766 (2d Dept. 2013).
Here is the decision.
Monday's issue: Labor Law § 240.
