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Maria Figueroa, Plaintiff-Appellant, the v. New York City Board of Education

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 19, 2013

MARIA FIGUEROA, PLAINTIFF-APPELLANT, THE
v.
NEW YORK CITY BOARD OF EDUCATION, DEFENDANT-RESPONDENT.

Figueroa v New York City Bd. of Educ.

Decided on March 19, 2013

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.

Andrias, J.P., Friedman, DeGrasse, Freedman, Abdus-Salaam, JJ.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered October 19, 2011, which, after a jury trial, granted defendant's motion to set aside the jury verdict and directed entry of judgment in favor of defendant dismissing the complaint, unanimously affirmed, without costs.

Plaintiff commenced this action for injuries she sustained while visiting the classroom of her daughter, who was employed, as a parent-coordinator, with defendant the New York City Board of Education. While attempting to exit the classroom, plaintiff tripped and fell over the legs of a blackboard easel. The Court correctly concluded that there was no evidence of a dangerous condition in the classroom (see Mastellone v City of New York, 29 AD3d 540 [2nd Dept 2006]).

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

ENTERED: MARCH 19, 2013

CLERK

20130319

© 1992-2013 VersusLaw Inc.



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