VELEZ v. OUR LADY OF VICTORY CHURCH


109 A.D.2d 792 (1985)

Joseph Velez, as Parent and Natural Guardian of Christine Velez, et al., Appellants, v. Our Lady of Victory Church et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 11, 1985


Order affirmed, without costs or disbursements.

On October 15, 1974, the then seven-year-old plaintiff lost her balance while reaching to pick up a dropped pencil. She fell as her school desk toppled over and landed on her fingers. At trial, the complaint was dismissed at the close of the plaintiffs' case for failure to establish actual or constructive notice to the defendant school of the desk's alleged propensity to tip over as testified to by a professional engineer...

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