Jadeen Minor v. East Harlem Tutorial Program, Inc., et al.

Summary

The Appellate Division, First Department reversed an order denying defendants' motion for summary judgment in a premises-liability action involving a staircase fall. The court held that the plaintiff's newly raised design-defect theory was insufficiently pleaded and that video evidence and testimony established the defendants' lack of negligence; the plaintiff's expert opinion did not raise a triable issue of fact.

Holdings

1. Plaintiff's design-defect theory was a new theory not sufficiently pleaded and therefore could not be used to avoid summary judgment because it would cause surprise or prejudice.
2. Defendants established prima facie that plaintiff's fall was not caused by negligence on their part.
3. Plaintiff failed to raise an issue of fact because her expert's opinion was speculative and conclusory and therefore lacked probative value.

Questions Presented

1. Whether plaintiff's design-defect theory, raised for the first time in opposition to summary judgment, was sufficiently pleaded to avoid surprise or prejudice.
2. Whether defendants established prima facie that plaintiff's fall was not caused by negligence on their part.
3. Whether plaintiff's opposition raised a triable issue of fact through her expert's opinion.

Disposition

reversed