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DOCTEUR v. BELLEVILLE-HENDERSON CENTRAL SCHOOL DISTRICT

307 A.D.2d 751 (2003)

762 N.Y.S.2d 853

JOSEPH M. DOCTEUR, Respondent, v. BELLEVILLE-HENDERSON CENTRAL SCHOOL DISTRICT et al., Appellants. (Appeal No. 2.)

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

Decided July 3, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Defendants contend for the first time on appeal that their motion for a directed verdict on the claim alleging a violation of Labor Law § 241 (6) should have been granted on the ground that they lacked actual or constructive notice of the dangerous condition. Thus, defendants failed...

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