Hunter v. New York City Department of Education

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 26, 2010, which, insofar as appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint, reversed, on the law, without costs, and the motion granted.

The infant plaintiff, who was sitting on a rug in her second grade classroom, was injured when her classmate who was writing on a nearby chalkboard stepped back and fell on top of her. Defendant New York City Department of Education moved for summary judgment and the motion court denied the motion, finding issues of fact as to…