BAUTISTA v. NEW YORK CITY DEPARTMENT OF EDUCATION

8920, 301094/13.

171 A.D.3d 485 (2019)

95 N.Y.S.3d 791

2019 NY Slip Op 02641

Maria Bautista, Appellant, v. New York City Department of Education et al., Respondents.

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

Decided April 4, 2019.


Plaintiff kindergarten teacher was injured when, while walking in her classroom, she slipped and fell on a piece of squash that a student had dropped on the floor. In opposition to DOE's prima facie showing that it neither created the condition nor had notice of the squash, plaintiff failed to raise a triable issue of fact. Nor was a triable issue of fact raised as to whether there existed a recurring condition because there was no evidence that DOE routinely failed to address...

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