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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06407 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06407 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1702 |
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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