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FERNANDEZ v. CITY OF NEW YORK

5119, 105858/08.

84 A.D.3d 595 (2011)

924 N.Y.S.2d 43

SANDRA FERNANDEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 17, 2011.

Defendants established their entitlement to judgment as a matter of law by showing that they could not have known that the track of the drawer was not secured or that the drawer was likely to fall. The evidence demonstrated that the drawer had never fallen off before, and there was no suggestion that other desks had similarly defectively secured tracks that might cause a drawer to fall off. Thus, defendants did not have notice of...

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