Appellate Division of the Supreme Court of New York, 2012

Cabrera v. New York City Department of Education

Cabrera v. New York City Department of Education
Appellate Division of the Supreme Court of New York · Decided February 7, 2012
92 A.D.3d 457; 937 N.Y.2d 848
Cabrera v. New York City Department of Education

Opinion of the Court

Defendant Department of Education (DOE) is not entitled to *458summary 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 AD2d 107 [2003]) or whether it undertook repairs and performed them negligently (see e.g. Grossman v Amalgamated Hous. Corp., 298 AD2d 224, 226-227 [2002]).

The City is not a proper party to this action (see Bailey v City of New York, 55 AD3d 426 [2008]). Concur — Mazzarelli, J.E, Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.