Diaz v. Brentwood Union Free School District

Barros, J.,

dissents, and votes to reverse the order, on the law, and deny the motion of the defendant Brentwood Union Free School District for summary judgment dismissing the complaint, with the following memorandum: “[T]he prima facie showing which a defendant must make on a motion for summary judgment is governed by the allegations of liability made by the plaintiff in the pleadings” (Foster v Herbert Slepoy Corp., 76 AD3d 210, 214 [2010]; see Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]; Miller v Village of E. Hampton, 98 AD3d 1007, 1008 [2012]; Braver v Village of Cedarhurst, 94 AD3d…