ROTHSTEIN v. CITY UNIV.


148 Misc.2d 911 (1990)

Lloyd Rothstein et al., Claimants, v. City University of New York, Defendant. (Claim No. 76107.)

Court of Claims.

October 17, 1990


Attorney(s) appearing for the Case

Alan C. Glassman and Michael A. Kanowitz for claimants. Robert Abrams, Attorney-General (Robert S. Hammer of counsel), for defendant.


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...

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