BIRTHWRIGHT v. MALVERNE UNION FREE SCHOOL DISTRICT


295 A.D.2d 549 (2002)

745 N.Y.S.2d 35

JENELLE A. BIRTHWRIGHT et al., Appellant, v. MALVERNE UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided June 24, 2002.


Ordered that the order is affirmed, with costs.

The defendant demonstrated its entitlement to judgment in its favor as a matter of law in the first instance by submitting evidence which tended to show, among other things, that the custodians in the school in which the infant plaintiff fell ordinarily mop the floors of the stairways in the late afternoon or evening. The plaintiff's submissions were insufficient to demonstrate an issue of fact as to whether the defendant...

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