Lorenzo v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered February 20, 2008, which denied defendant’s motion for summary judgment dismissing the complaint with leave to renew upon the completion of discovery, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

The complaint alleged that plaintiff, a teacher, fell on a stairway which was improperly maintained or repaired in the school where she was employed.

The complaint should have been dismissed because defendant is not a proper party…