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CABRERA v. NEW YORK CITY DEPARTMENT OF EDUCATION

6734, 7680/07.

92 A.D.3d 457 (2012)

937 N.Y.S.2d 848

2012 NY Slip Op 834

RAYMIN CABRERA et al., Respondents, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants, et al., Defendant.

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

Decided February 7, 2012.

Defendant Department of Education (DOE) is not entitled to summary judgment because there is sufficient evidence in the record to raise a question of fact as to whether it knew of a recurring dangerous condition in the fence and routinely left it unaddressed (see Uhlich v Canada Dry Bottling Co. of N.Y., 305 A.D.2d 107 [2003]) or whether it undertook repairs and performed them negligently...

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