Corzino v City of New York

Corzino v City of New York 2008 NY Slip Op 09260 [56 AD3d 370] November 25, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

Yaritza Corzino, an Infant, by Her Mother and Natural Guardian, Leticia Mejica, Appellant, et al., Plaintiff,
v
City of New York, Respondent.

—[*1] Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.

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 injuries sustained when infant plaintiff tripped and fell on public school grounds, granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion to find defendant the proper party 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, 55 AD3d 426 [2008]; Perez v City of New 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.