Legal Opinion

Flores v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 2009PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered January 8, 2008, which, in this action for personal injuries sustained when infant plaintiff fell against a hot radiator inside a school, granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was appropriate since defendant is not a proper party to the action. As we have held, the 2002 amendments to the Education Law (L 2002, ch 91) do not provide a basis to hold defendant liable for the personal injuries sustained by the infant plaintiff (see Corzino v City of…

2Cases cited4 opinions

  1. Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Luka v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  3. Luka v. New York City Transit AuthorityNew York Court of Appeals · 1984
  4. Delacruz v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by5 opinions

  1. Cleghorne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Lorenzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  4. Cleghorne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. Oquendo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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