Legal Research Writing

Legal Research Writing. Unlike in most states in the United States, the Supreme Court is a trial court and not the highest court in New York. Most states consider the Supreme Court as the highest court,

except New York State.

Legal Authorities

Basso and Navedo are both secondary sources. Both cases explain, discuss, and

analyze the law. They analyze the concepts of Common Law to establish consistent outcomes.

Common law is a law that is based on previous judicial decisions.

Facts

In Basso v. Miller, the plaintiff sued the defendant after being injured in a motorcycle

accident on the defendant’s property. In Navedo v. 250 Willis Avenue Supermarket, the

plaintiff sued the defendant for damages as a result of a slip and fall accident.

Procedural History

In Basso v. Miller, the order of the court was modified and the case was remitted to

Supreme Court, Kings County for a new trial. In Navedo v. 250 Willis Avenue Supermarket,

the appeals court reinstated the complaint and denied the defendant’s motion for summary

judgment.

Issues

Basso v. Miller

Did the defendant have a duty to keep its premises in a reasonably safe condition?

Navedo v. 250 Willis Avenue Supermarket

Should the defendant be liable for the slip and fall accident?

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Rules of Law

In Basso v. Miller, the court is using the standard of the reasonable person to

determine whether the defendant’s actions constitute negligence. In Navedo v. 250 Willis

Avenue Supermarket, the court is using the law of negligence to determine if the defendant is

legally responsible for the harm suffered.

Analysis

In Basso v. Miller, the plaintiff did not have sufficient evidence to prove the purpose

of his existence on the defendant’s property. In Navedo v. 250 Willis Avenue Supermarket,

there was no admissible evidence that the defendant had constructive or actual knowledge of

the puddle.

Conclusion

In Basso v. Miller, the court of appeals reversed and remanded the case for a new trial,

claiming that “in place of the common law rules of classification of plaintiffs in regard to

landowner liability, the court should apply a single standard of reasonable care under the

circumstances whereby foreseeability would be the measure of liability.” In Navedo v. 250

Willis Avenue Supermarket, the appeals court reversed the court order and denied the

defendant’s motion for summary judgment.

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References

Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868 (N.Y. 1976)

Navedo v. 250 Willis Ave. S, 290 A.D.2d 246, 735 N.Y.S.2d 132 (N.Y. App. Div. 2002)