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Acee v. State of New York – Case Brief Summary (New York)

In Acee v. State of New York, (81 AD3d 1410, 917 NYS2d 476 [2011]), the Appellate Division, Fourth Judicial Department, reversed a dismissal of a claim premised upon an alleged inadequate pleading of a place where a fall occurred in an earlier notice of intention.

In so doing, the Fourth Department disregarded a mistaken assertion that a fall occurred in a parking lot at Groveland Correctional Facility where the claimant had parked her car, when she instead had fallen within a contiguous perimeter roadway that was undelineated, and could not be distinguished from that lot.

The Appellate Division instead focused on further allegations that the fall occurred on broken pavement "near the gate to the entrance of the facility," together with the implicit assertion that the accident occurred between the claimant's parked vehicle and the prison gate, and found that description of the accident location to be sufficient.