| Corzino v City of New York |
| 2008 NY Slip Op 09260 [56 AD3d 370] |
| November 25, 2008 |
| Appellate Division, First Department |
| Yaritza Corzino, an Infant, by Her Mother and Natural Guardian,Leticia Mejica, Appellant, et al., Plaintiff, v City of New York,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), forrespondent.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered July 25, 2007,which, insofar as appealed from as limited by the briefs, in this action for personal injuriessustained when infant plaintiff tripped and fell on public school grounds, granted defendant'smotion to dismiss the complaint and denied plaintiff's cross motion to find defendant the properparty to the complaint, unanimously affirmed, without costs.
The complaint was properly dismissed since defendant is not a proper party to the action.Contrary to plaintiff's contention, 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 plaintiff (see Bailey v City of New York, 55AD3d 426 [2008]; Perez v City ofNew York, 41 AD3d 378 [2007], lv denied 10 NY3d 708 [2008]).[*2]
We have considered plaintiff's remaining arguments,including that we reconsider our decision in Perez, and find them unavailing.Concur—Lippman, P.J., Gonzalez, Moskowitz, Acosta and Renwick, JJ.