Appellate Division of the Supreme Court of the State of New York April 21, 2003 (Wichy v. City of New York)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Mason, J.), dated July 9, 2001, which, upon the granting of the motion of the defendant Board of Education of the City of New York pursuant to CPLR 4401 for judgment as a matter of law at the close of the plaintiffs case, dismissed the complaint.