Koerner v. City of New York

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered September 14, 2012, which, insofar as appealed from, denied the Board of Education of the City of New York’s motion for summary judgment dismissing plaintiffs claims pursuant to Labor Law § 200 and common-law negligence, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

A general awareness that a dangerous condition may be present is legally insufficient to charge a defendant with constructive notice (Gordon v American Museum of…