Jacobellis v. City of New York

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Greenstein, J.), dated July 23, 1991, which denied their motion to dismiss the complaint for failure to state a cause of action, or in the alternative, for summary judgment.

Ordered that the order is reversed, on the law, with costs, that branch of the motion which is for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

The injured plaintiff, a teacher at a vocational and technical school, claimed that he was injured as a…