GUTERMAN v. BOARD OF EDUCATION OF CITY OF NEW YORK

2009-02831.

80 A.D.3d 563 (2011)

914 N.Y.S.2d 659

AMY GUTERMAN et al., Appellants, v. BOARD OF EDUCATION OF CITY OF NEW YORK et al., Respondents.

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

Decided January 11, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff, a teacher at Louis Armstrong Middle School in Queens, allegedly was struck by a stairwell door when a student suddenly appeared and opened the door. Prior to the accident, the injured plaintiff had used the same door without incident on more than 10 occasions and she had never complained about the door. The defendants established the prima facie entitlement of the defendant...

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