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Bailey v. City of New York

55 A.D.3d 426, 866 N.Y.S.2d 66
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 23, 2008
StatusPublished
Cited by7 cases

This text of 55 A.D.3d 426 (Bailey v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey v. City of New York, 55 A.D.3d 426, 866 N.Y.S.2d 66 (N.Y. Ct. App. 2008).

Opinion

Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about August 22, 2007, which, insofar as appealed from as limited by the briefs, granted defendant City of New York’s cross motion to dismiss the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was appropriate, since the City is not a proper party to this action where plaintiff sustained injuries as a result of tripping and falling on public school grounds. Although the 2002 amendments to the Education Law (L 2002, ch 91) provide for greater mayoral control over education in the City and limit the powers of the Department/Board of Education, they do not establish a basis to hold the City liable for the personal injuries sustained by plaintiff (see Perez v City of New York, 41 AD3d 378 [2007], lv denied 10 NY3d 708 [2008]). Concur—Lippman, P.J., Andrias, Saxe, Sweeny and DeGrasse, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
55 A.D.3d 426, 866 N.Y.S.2d 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-city-of-new-york-nyappdiv-2008.