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Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06407

Baier v City of Long Beach

Read the official decision: 2026 NY Slip Op 06407

Holding The court reversed the lower court’s grant of summary judgment to the assisted living facility because the facility failed to establish that it did not control the area where the plaintiff fell. The court also granted the plaintiff’s cross-motion to amend the bill of particulars, finding no prejudice to the defendant.

The court’s words

Assisted Living failed to establish its prima facie entitlement to judgment as a matter of law

2026 NY Slip Op 06407, at the official text

The purpose of a bill of particulars is to amplify the pleadings, limit the proof, and prevent surprise at trial

2026 NY Slip Op 06407, at the official text

leave to amend a bill of particulars should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit

2026 NY Slip Op 06407, at the official text
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06407
Area of lawPersonal Injury and Negligence
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06407
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1702

Recommended citation

ESQ HQ, New York Law Watch, Baier v City of Long Beach, 2026 NY Slip Op 06407 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06407/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published November 4, 2026. Updated November 4, 2026.