Gonzalez v. Board of Education of Yonkers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated September 18, 2001, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
*359On October 24, 1995, at 8:35 a.m., the plaintiff tripped and fell on a stairway located in front of the Enrico Fermi School of Performing Arts in the City of Yonkers. According to the subsequent notice of claim, the plaintiff fell on “the…
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