Bailey v City of New York

2008 NY Slip Op 08003 [55 AD3d 426]

October 23, 2008

Appellate Division, First Department

As corrected through Wednesday, December 10, 2008

June Bailey, Appellant, v City of New York,Respondent.

—[*1]Alexander J. Wulwick, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), forrespondent.

Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about August 22, 2007,which, insofar as appealed from as limited by the briefs, granted defendant City of New York'scross motion to dismiss the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was appropriate, since the City is not a proper party to this actionwhere plaintiff sustained injuries as a result of tripping and falling on public school grounds.Although the 2002 amendments to the Education Law (L 2002, ch 91) provide for greatermayoral control over education in the City and limit the powers of the Department/Board ofEducation, they do not establish a basis to hold the City liable for the personal injuries sustainedby plaintiff (see Perez v City of New York, 41 AD3d 378 [2007], lv denied 10NY3d 708 [2008]). Concur—Lippman, P.J., Andrias, Saxe, Sweeny and DeGrasse, JJ.