Geffs v. City of New York

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 23, 2011, which, to the extent appealed from as limited by the briefs, granted defendant New York City Department of Education’s (DOE) motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion denied.

The DOE failed to meet its prima facie burden of showing that it neither created nor had actual or constructive notice of the wet condition in the school cafeteria upon which plaintiff slipped and fell (see Ross v Betty G. Reader Revocable Trust,…