Velez v. Our Lady of Victory Church

— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated May 6,1983, which dismissed the complaint at the close of plaintiffs’ case at a jury trial on the issue of liability only.

Order affirmed, without costs or disbursements.

On October 15,1974, the then seven-year-old plaintiff lost her balance while reaching to pick up a dropped pencil. She fell as her school desk toppled over and landed on her fingers. At trial, the complaint was dismissed at the close of the plaintiffs’ case for failure…