Brill v. City of New York

2 N.Y.3d 648, 781 N.Y.S.2d 261, 814 N.E.2d 431 (2004)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Brill v. City of New York

New York Court of Appeals
2 N.Y.3d 648, 781 N.Y.S.2d 261, 814 N.E.2d 431 (2004)

Facts

Ona and Maurice Brill (plaintiffs) sued the City of New York (city) (defendant), seeking damages for injuries that Ona sustained when she tripped and fell on a public sidewalk. In June 2001, the Brills filed a note of issue and certificate of readiness (i.e., confirmation that discovery was complete and that the case was ready for trial). Nearly a year later, in June 2002, the city moved for summary judgment, arguing that it was not liable because it did not have notice of the defective sidewalk before Ona’s accident. The city did not try to justify its failure to comply with Civil Practice Law and Rules (CPLR) § 3212(a), which provided that absent a different court-ordered deadline or leave of the court upon a showing of good cause, a summary-judgment motion had to be made no more than 120 days after the filing of the note of issue. The supreme court granted the city’s untimely summary-judgment motion, ruling that the Brills would not be prejudiced and that summary judgment would serve judicial economy. The appellate division affirmed. The Brills appealed.

Rule of Law

Issue

Holding and Reasoning (Kaye, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership