Justice Francesca Connolly
Plaintiff sued to recover damages for injuries allegedly sustained at a middle school within defendant School District. He alleged he was injured while exiting the school when his hand went through a glass window in the upper portion of an exterior door. The complaint alleged plaintiff's injuries were caused by defendant's negligent failure to supervise, and maintenance of a dangerous and defective condition on the property. The court found defendant met its prima facie burden for summary judgment by showing plaintiff's accident was not proximately caused by its alleged negligent supervision, noting even the most intensive supervision would not have prevented the accident. Thus, summary judgment was granted on the negligent supervision cause of action. Yet, the court found defendant failed to meet it burden on the claim of defective condition stating defendant's own papers raised issues of fact of whether it had notice of the alleged dangerous condition. It noted the head custodian testified two similar door windows broke during the prior 10 years, and at least five cracked, without shattering, necessitating replacement. These previous instances were sufficient to raise an issue of whether defendant was on notice, denying summary judgment.
