CasePrepPlus

About CasePrepPlus

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

 

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.

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SECOND DEPARTMENT

PERSONAL INJURY, EVIDENCE.

After Plaintiffs’ Car Was Serviced, a Tire Fell Off, Causing an Accident; Plaintiffs Were Entitled to Summary Judgment on the Res Ipsa Loquitur Theory of Liability
The Second Department, reversing Supreme Court, determined the plaintiffs’ motion for summary judgment based upon the res ipsa loquitur theory of liability should have been granted. Plaintiffs’ car was inspected by defendant car dealership and the tires were removed and reattached. When plaintiffs drove the car from the dealership, one of the tires detached, causing an accident: “[S]ince this is the type of ‘rare’ and ‘exceptional’ res ipsa loquitur case ‘in which no facts are left for determination’ … , the Supreme Court should have granted the plaintiffs’ motion for summary judgment on the issue of liability.” Bicchetti v. Atlantic Toyota, 2023 N.Y. Slip Op. 03219, Second Dept 6-14-23