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Corzino v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 25, 2008

YARITZA CORZINO, A MINOR UNDER THE AGE OF EIGHTEEN YEARS, BY HER MOTHER AND NATURAL GUARDIAN, LETICIA MEJICA, PLAINTIFF-APPELLANT, LETICIA MEJICA, PLAINTIFF,
v.
THE CITY OF NEW YORK, DEFENDANT-RESPONDENT.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered July 25, 2007, which, insofar as appealed from as limited by the briefs, in this action for personal injuries sustained when infant plaintiff tripped and fell on public school grounds, granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion to find defendant the proper party to the complaint, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Lippman, P.J., Gonzalez, Moskowitz, Acosta, Renwick, JJ.

15965/05

The complaint was properly dismissed since defendant is not a proper party to the action. Contrary to plaintiff's contention, the 2002 amendments to the Education Law (L 2002, ch 91), do not provide a basis to hold defendant liable for the personal injuries sustained by plaintiff (see Bailey v City of New York, ___ AD3d ___, 2008 NY Slip Op 8003; Perez v City of New York, 41 AD3d 378 [2007], lv denied 10 NY3d 708 [2008]).

We have considered plaintiff's remaining arguments, including that we reconsider our decision in Perez, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081125

© 1992-2008 VersusLaw Inc.



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