Rubino v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
The proof presented in this case was sufficient to establish prima facie, that the defendant Board of Education acted negligently in . its proprietary capacity as landlord of-the school premises where plaintiff teacher was injured, and that, therefore, the trial court improperly granted said defendant’s motion to dismiss at the close of plaintiff’s case.
The subject accident occurred on April 21, 1980 in the school yard of the Monterrey Annex of P.S. 59 in The Bronx while plaintiff, Rose Rubino, a special education teacher employed by the defendant Board of…
2Cases cited11 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Miller v. State of New YorkNew York Court of Appeals · 1984
- Riss v. City of New YorkNew York Court of Appeals · 1968
- Schrempf v. StateNew York Court of Appeals · 1985
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