Perez v. City of New York

OPINION OF THE COURT

Edgar G. Walker, J.

Defendant City of New York has moved to dismiss the complaint pursuant to CPLR 3211 (a) (7) or in the alternative grant the defendant summary judgment, pursuant to CPLR 3212.

*935Infant plaintiff, a student at Evander Childs High School, in the Bronx, commenced this action sounding in negligence after being slashed in the face with a sharp object by two fellow students, on January 9, 2003. The crux of defendant’s motion is that the City of New York is not a proper party to this action. Defendant argues that any alleged tort liability stemming from the…