DALAL HAMDAN v. MOSHOLU-MONTEFIORE COMMUNITY CENTER


48 A.D.3d 243 (2008)

851 N.Y.S.2d 171

BRIANNA DALAL HAMDAN, an Infant, by Her Mother and Natural Guardian, RAQUEL RIVERA-HAMDAN, et al., Respondents, v. MOSHOLU-MONTEFIORE COMMUNITY CENTER, Appellant.

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

Decided February 7, 2008.


The infant plaintiff was injured when she lost her balance walking in her classroom in a day care center operated by defendant and fell, striking her right eyebrow on the edge of a shelving unit in which toys were kept. Plaintiffs claim defendant created a dangerous condition by placing a "toy shelf" with sharp edges in a children's classroom, in violation of New York City Health Code (24 RCNY) § 47.35 (g), which mandates that "[p]lay equipment" be "free from hazards...

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