Lande v. New York City Board of Education

Full title: RALPH LANDE, Respondent, v. NEW YORK CITY BOARD OF EDUCATION, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 29, 1995

222 A.D.2d 656 (N.Y. App. Div. 1995)

635 N.Y.S.2d 682

Opinion

December 29, 1995

Appeal from the Supreme Court, Kings County (Garry, J.).

Ordered that the judgment is affirmed, with costs.

On January 12, 1990, the plaintiff suffered injuries when he slipped and fell on water that was on the floor near a water fountain at Dewey Junior High School in Brooklyn. There was evidence adduced at trial that water spilling from the water fountain was a recurring problem of which the defendant was aware. The jury, therefore, properly concluded that the defendant had constructive notice of the condition that caused the plaintiff's injuries (see, Hirschman v City of New York, 193 A.D.2d 581; Weisenthal v Pickman, 153 A.D.2d 849). Balletta, J.P., O'Brien, Santucci and Florio, JJ., concur.