K.G. v Barack Obama Sch. for Justice

Holding The court reversed the lower court’s denial of summary judgment, granting dismissal because the defendants established that the door was not in a defective condition and they lacked notice of any defect. The plaintiffs failed to raise a triable issue of fact, as their expert reports were conclusory and the plaintiff could not identify the specific mechanism of injury without speculation.

The court’s words

has a duty to maintain its property in a reasonably safe condition to prevent the occurrence of foreseeable injuries

2026 NY Slip Op 05770, at the official text

it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice

2026 NY Slip Op 05770, at the official text

An expert's conclusory or speculative opinion is of no probative force

2026 NY Slip Op 05770, at the official text

the injured plaintiff's testimony demonstrated that she could not identify how the door caused her injury without engaging in speculation

2026 NY Slip Op 05770, at the official text