Rodriguez v. Board of Education

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 7, 2012, which granted defendant Board of Education of the City of New York’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this negligence action, it is alleged that the infant plaintiff was injured when he slipped and fell on liquid on the stairs of an elementary school. The notice of claim limited plaintiffs’ theory of liability to negligent maintenance, upkeep and repair of the subject staircase, asserting that the infant plaintiff was…