Legal Opinion
Rothstein v. City University
New York Court of Claims
Decided October 17, 1990No. Claim No. 76107PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
In this slip and fall case, we must resolve the apparent conflict between the case law rule that a litigant must give prior notice of statutory authority intended to be relied upon at trial or suffer preclusion and CPLR 4511 which directs us to judicially notice such matter whether or not notice has been given.
The accident in question occurred at Brooklyn College, a senior institution of the City University of New York (CUNY).1 Jurisdiction is vested in this court pursuant to Education Law § 6224, and the trial was bifurcated.
On March 7, 1987,…
2Cases cited29 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- In re SmithNew York Court of Appeals · 1987
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3Cited by3 opinions
- Wilson v. Proctors Theater & Arts Center & Theater of Schenectady, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Rothstein v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Higgins v. MoranAppellate Division of the Supreme Court of the State of New York · 1995