Leticia Mejica, Plaintiff, v. CITY OF NEW YORK (2008)

Supreme Court, Appellate Division, First Department, New York.

Yaritza CORZINO, a minor under the Age of Eighteen Years, by her Mother and Natural Guardian, Leticia MEJICA, Plaintiff-Appellant, Leticia Mejica, Plaintiff, v. The CITY OF NEW YORK, Defendant-Respondent.

Decided: November 25, 2008

LIPPMAN, P.J., GONZALEZ, MOSKOWITZ, ACOSTA, RENWICK, JJ.

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 A.D.3d 426, 866 N.Y.S.2d 66 [2008]; Perez v. City of New York, 41 A.D.3d 378, 837 N.Y.S.2d 571 [2007], lv. denied 10 N.Y.3d 708, 859 N.Y.S.2d 393, 889 N.E.2d 80 [2008] ).

We have considered plaintiff's remaining arguments, including that we reconsider our decision in Perez, and find them unavailing.

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