BAILEY v. CITY OF NEW YORK


55 A.D.3d 426 (2008)

866 N.Y.S.2d 66

JUNE BAILEY, Appellant, v. CITY OF NEW YORK, Respondent.

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

October 23, 2008.


Dismissal of the complaint was appropriate, since the City is not a proper party to this action where plaintiff sustained injuries as a result of tripping and falling on public school grounds. Although the 2002 amendments to the Education Law (L 2002, ch 91) provide for greater mayoral control over education in the City and limit the powers of the Department/Board of Education, they do not establish a basis to hold the City liable for the personal injuries sustained by plaintiff...

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