October 6, 2020

Summary judgment on a fall on a staircase.

The Appellate Division reversed, granted the defendant's motion, and dismissed the complaint. The design defect raised in plaintiff's opposition to the motion was a new theory that was not sufficiently pleaded to avoid surprise or prejudice.

Minor v. East Harlem Tutorial Program, Inc., NY Slip Op 05288 (1st Dep't October 1, 2020)

Here is the decision.