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NAULO v. NEW YORK CITY BD. OF EDUC.

1834/02.

2008 NY Slip Op 51659 (U)

MARIA NAULO, an infant under the age of 18 by her Mother and Natural Guardian, DIANA NAULO and DIANA NAULO, Individually, Plaintiff v. NEW YORK CITY BOARD OF EDUCATION, Defendant.

Supreme Court of the State of New York, Kings County.

Decided August 4, 2008.

Attorney(s) appearing for the Case

The plaintiff is represented by the law office of Lester B. Herzog by Lester B. Herzog, Esq., of counsel.

The defendant New York City Board of Education is represented by Michael A. Cardozo, Esq., Corporation Counsel of the City of New York, by Julie Rubenstein, Esq., of counsel.

ROBERT J. MILLER, J.

Plaintiff Maria Naulo (Naulo), a public school student, sues the New York City Board of Education (the Board) for damages sustained when she allegedly slipped and fell on stairs at school.

The Board moves for summary judgment dismissing the complaint arguing that the Board " did not have actual or constructive notice of the allegedly dangerous condition and that the plaintiff cannot establish that any such condition was a proximate cause...

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