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MELLEN v. CLARKSTOWN CENTRAL SCHOOL DISTRICT

50 A.D.3d 654 (2008)

853 N.Y.S.2d 924

DOUGLAS S. MELLEN et al., Appellants, v. CLARKSTOWN CENTRAL SCHOOL DISTRICT et al., Respondents, et al., Defendants.

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

Decided April 1, 2008.

Ordered that the order is affirmed, with costs.

On their motion, the defendants Clarkstown Central School District and Felix Festa Middle School (hereinafter collectively the defendants) demonstrated their entitlement to judgment as a matter of law by establishing, prima facie, that their employees neither created the allegedly dangerous condition that caused the infant plaintiff's accident, nor had actual or constructive notice of that condition (see Lynch v Middle...

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